EXCHANGE 


SCHOOL    LAWS 


OF  IOWA 


FROM  THE  CODE  OF  1897  AND  THE  SUPPLE- 
MENT  TO  THE  CODE  OF  1907. 

WITH 

NOTES,  FORMS  AND  DECISIONS, 


FOR 


USE  AND  GOVERNMENT  OF  DIRECTORS  AND 
SCHOOL  OFFICERS. 


EDITION  OF  1907. 


JOHN  R  RIGGS, 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


DES  MOINES: 

EMORY  H.  ENGLISH,  STATE  PRINTER 

E.  D.  CHASSELL,  STATE  BINDER 

1907 


TRANSMIT  TO  SUCCESSOR 


Each  school  officer,  upon  the  termination  of  his  term  of  office,  shall 
immediately  surrender  to  bis  successor  all  books,  papers  and  moneys 
pertaining  or  belonging  to  the  office,  taking  a  receipt  therefor. 

CODE  SECTION  2770. 


PREFACE 


Section  2624  of  the  code  authorizes  the  superintendent  of  public 
instruction  to  cause  to  be  printed  every  four  years  all  school  laws 
in  force  up  to  that  time,  with  such  notes,  forms,  rulings  and  decisions 
as  may  be  of  value  to  school  officers  in  the  proper  discharge  of  their 
duties,  references  being  made  to  previous  laws  amended  or  changed, 
so  as  to  indicate  the  effect  of  such  amendment  or  change. 

As  the  use  of  former  editions  will  be  most  likely  to  mislead,  and 
since  each  school  corporation  and  each  school  director  is  entitled  to 
receive  a  copy  of  this  law,  it  is  urged  that  the  use  of  all  former  editions 
be  discontinued.  Since  another  edition  may  not  be  published  for  four 
years,  it  is  earnestly  advised  that  special  pains  be  taken  to  preserve 
every  copy  of  this  edition,  and  that  school  officers  superseded  by  elec- 
tion or  otherwise  will  deliver  to  their  successors  in  office  copies  in 
their  possession. 

The  explanatory  notes  printed  in  connection  with  the  law  governing 
school  corporations  have  been  carefully  revised  and  in  some  instances 
extended  to  include  a  larger  number  of  rulings.  These  notes  are  based 
upon  decisions  of  the  supreme  court,  opinions  of  the  attorney-general, 
and  the  decisions  or  opinions  of  the  superintendent  of  public  instruc- 
tion. Since  the  value  of  the  notes  may  be  considered  to  depend 
mainly  upon  the  source  from  which  the  same  originated,  refer- 
ences have,  so  far  as  seemed  necessary,  been  given.  It  is  urged  that 
the  general  authorities  cited  be  consulted  where  more  extended  in- 
formation is  sought.  Reports  of  the  supreme  court  are  found  in  every 
county,  and  may  be  consulted  at  the  court  house  upon  application  to 
the  clerk  of  the  district  court. 

By  school  law  decisions  is  meant  the  decisions  rendered  by  the 
superintendent  of  public  instruction  in  appeal  cases.  Cases  involv- 
ing the  chief  principles  are  contained  in  the  present  volume.  A  care- 
ful reading  of  the  same  is  earnestly  urged. 


PKEFACE 


We  have  placed  those  sections  which  relate  particularly  to  the 
administration  of  the  public  schools  first,  followed  in  order  by  that 
part  of  the  Constitution  of  Iowa  relating  to  public  schools,  the  law  gov- 
erning the  state  institutions,  and  that  concerning  county  high  schools. 
Following  the  law  are  some  suggestive  forms  for  the  use  of  school 
officers,  after  which  are  placed  some  of  the  more  important  decisions 
of  superintendents  of  public  instruction. 

The  numbering  of  the  older  sections  is  that  of  the  code  of  1897, 
while  through  the  courtesy  of  Honorable  C.  N.  Jepson,  editor  of  the 
code  supplement  of  1907,  we  are  enabled  to  give  the  more  recent 
sections  the  numbering  as  they  will  appear  in  that  supplement. 

The  sections  are  arranged  according  to  number,  or  number  and 
letter,  except  where  such  an  arrangement  of  the  newer  laws  would 
separate  closely  related  sections.  To  bring  closely  related  sections 
together,  section  1306-b  is  made  to  follow  section  2812-f,  which  in 
turn  is  followed  by  sections  2820-a  to  2820-d.  Also  section  2794-a  is 
made  to  follow  section  2796,  while  it  in  turn  is  followed  by  section 
2820-e  to  2820-h. 

Each  section  appears  in  full  followed  by  all  of  the  notes  relating 
to  it.  Titles  and  catch  words  have  been  used  to  aid  the  reader  to 
find  the  particular  note  he  desires,  and  numerous  cross  references  are 
given  to  aid  him  in  finding  all  of  the  law  on  any  point. 

The  labor  of  revision  has  been  performed  by  Mr.  J.  C.  Bennett, 
deputy  superintendent,  in  addition  to  his  regular  duties  otherwise 
much  increased  by  recent  legislation. 

JOHN  F.  RIGGS, 
Superintendent  Public  Instruction. 

September  3,  1907. 


SCHOOL  LAWS  OF  IOWA 


THE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


SECTION  2621.  Office — records — deputy.  The  superintendent  of 
public  instruction  shall  have  an  office  in  the  capitol,  in  which  shall  be 
filed  and  kept  separately  all  papers,  reports  and  documents  trans- 
mitted to  him  each  year  by  the  several  county  superintendents,  and 
open  to  inspection  by  the  governor  or  a  committee  of  either  house  of 
the  general  assembly  whenever  required.  He  shall  keep  a  record  of  all 
matters  and  things  done  in  his  office,  which,  together  with  all  other 
papers  and  documents,  at  the  conclusion  of  his  term,  shall  be  turned 
over  to  his  successor.  He  may  appoint  a  deputy,  who  shall  qualify  in 
like  manner  as  his  principal,  and  who,  in  the  absence  or  inability  of 
the  superintendent,  shall  perform  his  duties.  [C.  '73,  §§  766-7,  770, 
1578;  C.  '51,  §§  416,  1078.] 

SEC.  2622.  Duties — teachers'  conventions  and  institutes.  He  shall 
be  charged  with  the  general  supervision  of  all-  the  county  superin- 
tendents and  the  common  schools  of  the  state ;  may  meet  county  super- 
intendents in  convention  at  such  points  in  the  state  as  may  be  most 
suitable  for  the  purpose,  at  which  proper  steps  may  be  taken  looking 
toward  securing  a  more  uniform  and  efficient  administration  of  the 
school  laws.  He  shall  appoint,  upon  the  request  of  county  superin- 
tendents, the  time  and  place  for  holding  teachers'  institutes,  such 
institutes  to  be  called  when  it  is  probable  that  not  less  than  twenty 
teachers  will  be  present,  and  remain  in  session  not  less  than  six  work- 
ing days,  of  which  time  and  place  of  meeting  he  shall  give  notice  to 
the  county  superintendent  of  the  proper  county.  He  shall  attend 
teachers'  institutes  thus  called  in  the  several  counties  of  the  state, 
so  far  as  consistent  with  his  official  duties,  and  assist  in  their  man- 
agement and  instruction.  He  shall  have  power  to  collect,  publish  and 
distribute  statistical  and  other  information  relative  to  public  schools 
and  education  in  general;  to  visit  teachers'  association  meetings  and 
make  tours  of  inspection  among  the  common  schools  and  other  insti- 
tutions of  learning  in  the  state,  and  may  deliver  addresses  upon  sub- 
jects relative  to  education ;  to  prepare,  publish,  and  distribute  blank 
forms  for  all  returns  he  may  deem  necessary,  or  that  may  be  required 
by  law,  of  teachers,  or  school  officers;  to  publish  and  distribute  an- 
nually leaflets  and  circulars  relative  to  arbor  day,  memorial  day,  and 
other  days  considered  by  him  worthy  of  special  observance  in  public 
schools,  the  number  to  be  determined  by  the  executive  council;  t» 


6  SCHOOL  LAWS  OF  IOWA. 

prepare  questions  for  the  use  of  county  superintendents  in  the  exami- 
nation of  applicants  for  teachers'  certificates;  and  to  prepare,  publish, 
and  distribute,  among  teachers  and  school  officers,  courses  of  study  for 
use  in  the  rural  and  high  schools  of  the  state,  the  number  thereof  to 
be  fixed  by  the  executive  council.  When  any  county  superintendent 
fails  to  make  any  report  as  required  of  him  by  law  the  superintendent 
of  public  instruction  may  appoint  some  suitable  person  to  perform 
such  duties  and  fix  reasonable  compensation  therefor,  which  shall 
be  paid  by  the  delinquent  county  superintendent.  [31  G.  A.,  ch.  3,  § 
6;  28  G.  A.,  ch.  94,  §  1;  C.  '73,  §§  1577,  1584;  C.  '51,  §  1080.] 

NOTES:  1.  Term  of  institute.  No  teachers'  institute  will  be  appointed  for 
less  than  six  working  days.  There  may  be  two  or  more  sessions,  but  one 
of  them  must  be  of  at  least  six  working  days'  duration. 

2.  Supplemental  institute.  Supplemental  institutes  will  be  appointed  for 
less  than  siix  days  if  requested  by  the  county  superintendent.  The  sup- 
plemental session  should  be  requested  in  connection  with  the  regular  in- 
stitute. 

SEC.  2623.  Opinions — appeals.  He  shall  render  opinions  in  writing 
upon  request  of  any  school  officer  regarding  the  school  law,  its  ad- 
ministration, and  the  duty  of  such  officer,  and  shall  determine  all  cases 
brought  before  him  on  appeal  from  the  decisions  of  the  county  super- 
intendents. [C.  '73,  §  1577;  C.  '51,  §  1080.] 

NOTES:  1.  All  questions  answered.  It  has  been  the  custom  for  many 
years  to  answer  all  proper  inquiries,  from  whatever  source,  touching  the 
construction  and  application  of  the  school  laws. 

2.  Letters  not  returned.  As  all  correspondence  of  value  must  be  filed 
for  preservation,  it  is  obvious  that  it  is  impossible  to  comply  with  a  request 
to  return  a  letter  with  tine  reply. 

SEC.  2624.  Publication  of  school  laws.  He  shall  every  four  years, 
'f  deemed  necessary,  cause  to  be  printed  and  bound  in  cloth  all  school 
taws  in  force  up  to  that  time,  with  such  notes,  forms,  rulings  and 
decisions  as  may  be  of  value  in  aid  of  school  officers  in  the  proper 
discharge  of  their  duties,  reference  being  made  to  previous  laws 
amended  or  changed,  so  as  to  indicate  the  effect  of  such  amendment 
or  change;  one  copy  of  which  shall  be  sent  to  each  county  superin- 
tendent, and  one  to  each  district  and  independent  district  in  the 
state,  to  be  distributed  by  the  several  county  superintendents.  Vol- 
umes bound  in  paper  covers  shall  be  furnished  to  each  school  director, 
to  be  distributed  by  the  county  superintendent,  which  shall  be  turned 
over  by  the  director  to  his  successor  in  office.  Should  he  deem  it  un- 
necessary at  any  time  to  prepare  a  volume  as  above  provided,  the 
superintendent  may  cause  to  be  published  in  pamphlet  form  such 
amendments  to  the  school  laws  as  have  been  passed  by  the  general 
assembly,  which  shall  be  distributed  in  the  manner  and  to  the  parties 
hereinbefore  provided.  He  may  subscribe  for  a  sufficient  number  of 
copies  of  some  educational  school  paper,  printed  and  published  in 
the  state,  to  furnish  one  to  each  county  superintendent;  but  no  paper 
shall  be  selected  which  will  not  publish  each  decision  made  by  him 
relating  to  the  school  law,  and  which  he  may  regard  of  general  im- 
portance; and  the  certificate  of  having  thus  subscribed  shall  be  smf- 


SCHOOL  LAWS   OF   IOWA.  7 

ficient  authority  for  the  auditor  of  state  to  issue  his  warrant  upon  the 
state  treasurer 'for  the  amount  of  the  subscription.  [22  G.  A.,  ch.  59; 
18  G.  A.,  ch.  150,  §§  1,  2;  C.  '73,  §§  1579,  1581.] 

SEC.  2625.  Reports.  He  shall  on  the  first  day  of  January  report  to 
the  auditor  of  state  the  number  of  persons  in  each  county  between 
the  ages  of  five  and  twenty-one  years,  and  biennially  to  the  governor ; 
which  report  shall  contain  a  statement  of  the  condition  of  the  common 
schools  in  the  state,  the  number  of  school  townships  and  districts 
therein,  number  of  independent  districts,  number  of  teachers,  number 
of  schools,  number  of  schoolhouses  and  value  thereof,  number  of  per- 
sons of  school  age,  number  of  scholars  in  each  county  attending  school 
the  previous  year,  number  of  books  in  district  libraries,  the  value  of 
all  apparatus  in  schools,  and  such  other  statistical  information  as  may 
be  of  public  importance,  plans  matured  or  adopted  for  the  more  perfect 
organization  and  efficiency  of  the  common  schools;  and  any  sugges- 
tions he  may  deem  important,  regarding  further  legislation,  which 
will  strengthen  the  common  schools  of  the  state.  Provided,  however, 
he  shall  make  a  report  during  the  year  1906,  which  said  report  shall 
cover  the  period  only  from  the  date  of  his  last  biennial  report,  and 
shall  report  to  the  governor  biennially  thereafter.  [31  G.  A.,  ch.  121; 
22  G.  A.,  ch.  82,  §  29;  C.  '73,  §§  1582-3;  C.  '51,  §  1086.] 

NOTE:      Explanation.     The  word  districts  in  Ifne  five  means  Subdistricts. 

SEC.  2626.  Appropriations  for  institutes.  To  defray  the  expenses 
of  county  teachers'  institutes,  there  is  hereby  appropriated  out  of  any 
moneys  in  the  state  treasury  not  otherwise  set  apart  a  sum  not  to 
exceed  fifty  dollars  annually  for  each  institute  held  in  each  county, 
which  sum  the  superintendent  shall  receive  from  the  state  treasurer, 
upon  the  warrant  of  the  state  auditor,  to  be  issued  to  him  upon  his 
certificate ;  which  amount,  when  drawn,  shall  be  forthwith  remitted 
to  the  proper  county  superintendent.  If  any  balance  remains  of  this 
sum  after  paying  the  expenses  of  the  institute,  it  shall  be  covered 
into  the  county  treasury  of  the  proper  county  and  credited  to  the 
institute  fund.  [C.  '73,  §  1584.] 

SEC.  2627.  Salary  and  expenses.  The  salary  of  the  superintendent 
of  public  instruction  shall  be  twenty-two  hundred  dollars  per  annum, 
and  that  of  his  deputy  eighteen  hundred  dollars,  to  be  paid  monthly 
upon  the  warrant  of  the  state  auditor,  and,  in  addition  thereto,  the 
state  superintendent  shall  receive  three  hundred  dollars  annually,  or 
so  much  thereof  as  may  be  necessary,  to  pay  actual  traveling  expenses 
incurred  in  the  performance  of  official  duties,  to  be  allowed  upon  an 
itemized  and  verified  account  filed  with  the  state  auditor,  who  shall 
draw  his  warrant  upon  the  state  treasurer  for  the  amount  allowed. 
[32  G.  A,  ch.  2,  §  5 ;  28  G.  A.,  ch.  94,  §  2 ;  22  G.  A.,  ch.  109,  §  1 ;  21  G. 
A.,  ch.  118,  §  6;  C.  '73,  §  3760.] 

THE  EDUCATIONAL  BOARD  OF  EXAMINERS. 

SECTION  2628.  Members.  The  educational  board  of  examiners  shall 
consist  of  the  superintendent  of  public  instruction,  president  of  the 


8  SCHOOL  LAWS  OF  IOWA. 

university,  principal  of  the  normal  school,  and  two  persons  to  be  ap- 
pointed by  the  governor,  one  of  whom  shall  be  a  woman,  the  appointees 
to  hold  office  for  a  term  of  four  years  and  be  ineligible  as  his  or  her 
successor,  the  superintendent  of  public  instruction  to  be  by  virtue  of 
his  office  president  of  the  board.  [19  G.  A.,  ch.  167,  §  1.] 

SEC.  2629.  Meetings — examination.  The  board  shall  meet  for  the 
transaction  of  business  at  such  times  and  places  as  the  president  may 
direct,  and  shall  annually  hold  at  least  two  public  examinations  of 
teachers,  to  be  conducted  by  a  member  or  the  secretary  of  the  board  or 
by  such  qualified  person  or  persons  as  the  board  may  select.  All  ex- 
aminations shall  be  conducted  in  accordance  with  rules  and  regulations 
adopted  by  the  board,  not  inconsistent  with  the  laws  of  the  state,  and  a 
record  shall  be  kept  of  all  its  proceedings.  It  may  issue  state  certifi- 
cates and  state  diplomas  to  .such  teachers  as  are  found  upon  examination 
to  possess  a  good  moral  character,  thorough  scholarship  and  knowledge 
of  didactics  with  successful  experience  in  teaching,  or  with  such  other 
training  and  qualifications  as  the  board  may  require.  The  examination 
for  certificates  and  diplomas  shall  cover  orthography,  reading,  writ- 
ing, arithmetic,  geography,  English  grammar,  bookkeeping,  physiology, 
history  of  the  United  States,  algebra,  botany,  natural  philosophy, 
drawing,  civil  government,  constitution  and  laws  of  the  state,  and 
didactics;  those  for  diplomas,  in  addition  to  the  foregoing,  geometry, 
trigonometry,  chemistry,  zoology,  geology,  astronomy,  political  econ- 
omy, rhetoric,  English  literature,  general  history,  and  such  other 
studies  as  the  board  may  require.  [32  G.  A.,  ch.  6,  §  2 ;  29  G.  A.,  ch. 
114;  28  G.  A.,  ch.  95;  19  G.  A.,  ch.  167,  §§  2-4.] 

SEC.  2630-b.  Special  certificates.  The  educational  board  of  exam- 
iners may  issue  a  special  certificate  to  any  teacher  of  music,  drawing, 
penmanship,  or  other  special  branches,  or  to  any  primary  teacher,  of 
sufficient  experience,  who  shall  pass  such  examination  as  the  board 
may  require  in  the  branches,  and  methods  pertaining  thereto,  for 
which  the  certificate  is  sought.  Such  certificates  shall  be  designated 
by  the  name  of  the  branch,  and  shall  not  be  valid  for  any  other  depart- 
ment or  branch.  The  board  shall  keep  a  complete  register  of  all  per- 
sons to  whom  certificates  or  diplomas  are  issued.  [28  G.  A.,  ch.  96, 
§  2;  23  G.  A,  ch.  22.] 

NOTES:  1.  Kinds.  Under  authority  of  this  section,  the  board  of  exam- 
iners may  issue  special  state  certificates  for  music,  penmanship,  drawing  or 
primary  work  only.  Attorney-General,  report  1904,  page  198. 

2.  For  whom.      The  special   state   certificate  is   intended   for  teachers  of 
special  branches,  as  a  recognition  of  professional  skill,  expert  scholarship, 
and  successful  experience  in  teaching  a  particular  subject. 

3.  Scholarship.     Wihile  the  candidate  must  possess  complete  and  technical 
knowledge  of  the  special  branch  for  the  teaching  of  which  a  certificate  is 
desired,  some  general  education  and  culture  will  <be  required,  as  a  certificate 
cannot  be  granted  on  account  of  proficiency  in  one  subject  only. 

4.  Subjects.    The  holder  of  a  special  certificate  will  be  authorized  to  teach 
the  branch  specified,  in  any  public  school  in  the  state  for  a  period  of  five 
years.     Section  2630-b.     A  special  primary  certificate  authorizes  the  holder  to 
teaoh  in  first,  second  or  third  grades  for  the  same  period.     Regulation  of 
board  of  examiners. 

g.   Special  county  certificates.      See  *ecti«n   2734-e. 


LAWS   OF   IOWA.  9 

SEC.  2630-c.  Validation  authorized.  The  state  educational  board 
of  examiners  is  hereby  empowered  to  validate  certificates  issued 
by  state  departments  of  education  in  other  states,  where  such  certifi- 
cates were  issued  upon  evidence  of  scholarship  and  experience  equiva- 
lent to  that  required  for  like  certificates  under  the  laws  of  this  state. 
[32  G.  A,  ch.  149.] 

NOTE:      Certificates  on  college  graduation.      Sections  2634-f  to  2634-h. 

SEC.  2631.  How  long  valid — revocation — fees.  A  state  certificate 
shall  authorize  the  holder  to  teach  in  any  public  school  in  the  state 
for  five  years  thereafter,  and  a  diploma  shall  confer  such  authority  for 
life;  but  any  certificate  or  diploma  may  be  revoked  by  the  board  for 
sufficient  cause,  or  such  cause  as  would,  il  known  at  the  time,  have 
prevented  issuance  thereof,  provided  the  holder  of  such  certificate  or 
diploma  shall  have  due  notice,  and  shall  be  allowed  to  be  present  and 
make  his  defense.  For  each  certificate  issued  the  applicant  shall  pay 
two  dollars,  and  for  each  diploma  five  dollars,  which  may  be  required 
before  the  examination  is  commenced.  All  monies  obtained  from  this 
source  shall  be  paid  into  the  state  treasury.  [32  G.  A.,  ch.  6,  §  3;  19 
G.  A.?  ch.  167,  §§  5,  6.] 

NOTES:  1.  Subjects  for  which  valid.  Holders  of  any  valid  license,  not  a 
special  certificate,  may  teach  any  subject  prescribed  tin  the  curriculum, 
whether  the  holder  was  examined  in  such  subject.  Attorney-general,  report 
1906,  page  42.  (For  validity  of  special  state  certificates,  see  section  2630-b.) 

2.  No  exemption.     The  fact  that  a  teacher  holds  a  state  certificate,  or  a 
state  diploma,  does  not  in  any  way  exempt  him  from  the  same  obligations 
imposed  by  the  law  upon  other  teachers.     It  is  the  duty  of  all  teachers  to 
attend  the  county  normal  institute  and  to  support  the  county  superintendent 
in  all  measures  calculated  to  improve  the  schools  and  to  advance  the  inter- 
ests of  education  in  the  county. 

3.  Registration  of  certificates.     All  certificates  and  diplomas  must  be  reg- 
istered in  each  county  in  which  the  holder  desires  to  teach.     Section  2734-q. 

4.  Fees.     The  registration  fee  is  one  dollar  for  each  school  year  or  part 
of  the  year.     Section  2734-q. 

SEC.  2632.  Repeal.  There  is  hereby  repealed  sections  twenty-six 
hundred  thirty-two  (2632),  twenty-seven  hundred  thirty-four  (2734), 
twenty-seven  hundred  thirty -five  (2735),  twenty-seven  hundred  thirtj^- 
six  (2736).  twenty-seven  hundred  thirty-seven  (2737)  of  the  code,  and 
sections  twenty-seven  hundred  thirty-four  (2734),  twenty-seven  hun- 
dred thirty-six  (2736),  twenty-seven  hundred  thirty-seven  (2737)  of 
the  supplement  to  the  code,  and  following  enacted  in  lieu  thereof: 

SEC.  2633.  Account  of  moneys.  The  board  shall  keep  an  accurate 
and  detailed  account  of  all  money  received  and  expended,  which,  with 
a  list  of  those  receiving  certificates  or  diplomas,  shall  be  published 
by  the  superintendent  of  public  instruction  in  his  annual  report.  ,  [19 
G.  A.,  ch.  167,  §  9.] 

SEC.  2634-a.  Repeal — compensation— secretary — employes — sal- 
aries. That  section  twenty-six  hundred  thirty-four-a  (2634-a)  of  the 
supplement  to  the  code  be,  and  the  same  is  hereby,  repealed  and  the 
following  enacted  in  lieu  thereof : 

"Each  member  of  the  board  shall  receive  for  the  time  actually  em- 
ployed in  such  service,  his  actual  necessary  expenses,  and  those  not 


10  SCHOOL   LAWS  OF   IOWA. 

salaried  officers  or  employes  of  the  state  or  any  institution  thereof 
shall  be  paid  in  addition  three  ($3.00)  dollars  per  day.  The  board 
shall  have  power  to  employ  a  secretary  and  prescribe  his  duties.  He 
shall  receive  a  salary  not  exceeding  one  hundred  ($100.00)  dollars 
per  month  and  actual  necessary  expenses  while  engaged  in  the  per- 
formance of  his  duties  at  places  other  than  the  capitol.  The  board 
shall  have  power  to  employ  such  persons  as  are  necessary  to  assist  in 
examinations  and  in  reading  answer  papers  and  for  clerical  work  and 
other  necessary  assistance.  Persons  so  employed  shall  receive,  not 
to  exceed  fifty  cents  per  hour  for  the  time  actually  employed  and  ac- 
tual traveling  expenses  to  and  from  the  place  where  their  services  are 
required.  All  expenditures  authorised  to  be  made  under  the  provisions 
of  chapter  two  (2)  of  title  thirteen  (XIII)  of  the  code  and  of  the  sup- 
plement to  the  eode  and  amendments  thereto  and  under  the  provisions 
of  chapter  one  hundred  and  twenty-two  (122),  acts  of  the  thirty -first 
general  assembly  and  under  the  provisions  of  this  act  shall  be  cer- 
tified by  the  chairman  of  the  educational  board  of  examiners  to  the 
executive  council  for  payment.  If  found  correct  the  executive  council 
shall  cause  same  to  be  paid  from  any  funds  paid  into  the  state  treas- 
ury under  the  provisions  of  section  twenty-six  hundred  thirty-one 
(2631)  of  the  code  and  chapter  one  hundred  twenty-two  (122),  acts 
of  the  thirty-first  general  assembly  and  amendments  thereto."  [32 
G  A  ch  6;  §  4;  27  G.  A.,  ch.  11;  25  G.  A.,  ch.  36;  19  G.  A.,  ch.  167, 
§  8.] 

SEC.  2634-al  Printing.  This  act  shall  be  construed  as  giving  legai 
authority  to  the  educational  board  of  examiners  to  obtain  all  the  nec- 
essary .printing  for  the  performance  of  their  duties,  as  required  by 
law,  in  the  same  manner  as  the  printing  is  provided  for  state  officers. 
[Same,  §  5.] 

SEC!  2634-b.  Educational  examiners  to  inspect  aid  supervise. 
That  the  state  board  of  educational  examiners  shall  constitute  a 
board  for  the  inspection,  recognition  and  supervision  of  the  schools 
designed  for  the  instruction  and  training  of  teachers  for  the  common 
schools.  [29  G.  A.,  ch.  115,  §  1.] 

SEC.  2634-c.  Accredited  schools — annual  visitation.  That  schools 
desiring  state  recognition  shall  apply  to  the  board  of  educational  ex- 
aminers which  shall  then  proceed  to  inspect  such  schools  with  reference 
to  course  of  study,  equipment  and  faculty.  All  schools  that  shall 
meet  the  requirements  of  the  boai*d  of  educational  examiners  shall 
be  known  as  accredited  schools.  Such  schools  shall  have  an  annual 
visitation  by  some  member  of  the  board  of  educational  examiners,  or 
some  one  appointed  for  that  purpose  by  said  board,  who  shall  revive 
compensation  as  is  provided  for  in  section  2634  of  the  code.  [29  G. 
A.,  ch.  115,  §  2.] 

SEC.  2634-d.  Certificates— fee.  Graduates  of  approved  accredited 
schools  who  shall  pass  the  required  examination  for  a  two  years' 
certificate  shall  receive  from  the  state  board  of  examiners  a  certifi: 
cate  for  two  years,  which  may  be  renewed  under  such  rules  as  said 
board  may  prescribe.  Applicants  for  a  certificate  shall  pay  a  fee  of 
$2  00,  one-half  of  which  shall  be  returned  in  case  of  failure.  [29  G.  A., 
ch'.  li5,  §  3.] 


JK5HOOL   LAWS   OF   IOWA.  11 

SEC.  2634-e.  Sworn  statement.  At  the  close  of  each  school  year, 
the  principal  or  superintendent  of  each  accredited  school  shall  file 
with  the  board  of  examiners  a  sworn  statement,  showing  the  name, 
age,  postoffice  address,  studies  and  attendance  of  each  of  the  students 
in  his  school  taking  the  prescribed  teachers'  course.  [29  G.  A.,  ch.  115, 
§4.] 

SEC.  2634-f.  Graduates  from  accredited  colleges.  That  the  state 
educational  board  of  examiners  may  accept  graduation  from  the 
regular  and  collegiate  courses  in  the  state  university,  state  normal 
schools,  and  the  state  college  of  agriculture  and  mechanic  arts,  and 
from  other  institutions  of  higher  learning  in  the  state  having  regular 
and  collegiate  courses  of  equal  rank,  as  evidence  that  a  teacher 
possesses  the  scholarship  and  professional  fitness  for  a  state  certificate. 
[3-2  G.  A.,  ch.  148,  §  1.] 

SEC.  2634-g.  State  certificates  granted.  That  in  all  cases  where 
such  graduation  shows  the  extent  and  quality  of  scholarship  that  is 
required  by  section  twenty-six  hundred  and  twenty-nine  (2629)  of  the 
supplement  to  the  code,  and  when  the  teacher  possesses  a  good  moral 
character  and  satisfies  the  board  of  being  professionally  qualified,  there 
shall  be  granted  by  said  board  of  examiners  a  state  certificate  valid 
for  five  years  to  teach  in  any  public  school  in  the  state.  [32  G.  A., 
ch.  148,  §  2.] 

SEC.  2634-h.  Renewal.  That  at  the  close  of  said  five  years'  period 
upon  proof  of  at  least  three  years'  successful  teaching  experience,  the 
educational  board  of  examiners  may  renew  such  state  certificate.  [32 
G.  A,  ch.  148,  §  3.] 

NOTE:  Certificates.  By  examination,  sections  2629,  2630-b.  On  certifi- 
cates from  other  states,  section  2630-c. 

SEC.  2734-a.  Repeal.  There  is  hereby  repealed  sections  twenty- 
six  hundred  thirty-two  (2632),  twenty-seven  hundred  thirty -four 
(2734),  twenty-seven  hundred  thirty-five  (2735),  twenty-seven  hun- 
dred thirty-six  (2736),  twenty-seven  hundred  thirty-seven  (2737) 
of  the  code,  and  sections  twenty-seven  hundred  thirty-four  (2734), 
twenty-seven  hundred  thirty-six  (2736),  twenty-seven  hundred  thirty- 
seven  (2737)  of  the  supplement  to  the  code,  and  the  following  enacted 
in  lieu  thereof.  [31  G.  A.,  ch.  122,  §  1.] 

SEC.  2734-b.  County  superintendent — qualifications — deputy.  The 
county  superintendent,  who  may  be  of  either  sex,  shall  be  the  holder 
of  a  first  grade  certificate  as  provided  for  in  this  act,  or  a  state  certifi- 
cate or  a  life  diploma,  and  shall,  during  his  term,  be  ineligible  to 
the  office  of  any  school  director  or  member  of  the  board  of  super- 
visors. If  for  any  cause  he  is  unable  to  attend  to  his  official  duties,  he 
may  appoint  a  deputy,  who  may  act  in  his  stead,  except  in  visiting 
schools  and  trying  appeals.  He  shall  serve  as  the  organ  of  communi- 
cation between  the  superintendent  of  public  instruction  and  school 
township,  district  or  independent  district  authorities,  and  transmit  to 
them  or  the  teachers  thereof  all  blanks,  circulars  or  other  communica- 
tions designed  for  them.  He  shall  visit  the  different  schools  in  his 
county  at  least  once  during  the  school  year  and  at  such  other  times 
as  he  may  be  requested  by  a  majority  of  the  directors  of  any  school 


12  SCHOOL   LAWS  OF   IOWA: 

corporation,  and  give  personal  instruction  to  th«  pupils  for  at  least 
one-fourth  of  the  day.  The  county  superintendent  shall  on  the  first 
Monday  of  each  month  file  with  the  county  auditor  an  itemized  and 
sworn  statement  of  actual  traveling  expenses  incurred  during  the  pre- 
vious month  in  visiting  schools  and  in  attending  educational  meetings 
within  his  county,  and  such  expenses  shall  be  paid  by  the  county  board 
of  supervisors,  but  -the  total  amount  paid  for  any  month  shall  not  be 
more  than  twenty  dollars.  [31  G.  A.,  ch.  122,  §  1.] 

NOTES:  1.  Personal  supervision.  Personal  supervision  by  the  county  su- 
perintendent is  understood  to  extend  to  rural  and  village  schools.  Visitation 
by  the  county  superintendent  of  city  graded  schools  is  not  compulsory.  Dur- 
ing his  visit  to  a  school  the  superintendent  may  'hear  recitations  and  give 
instruction  to  pupils,  but  usually  the  regular  work  of  the  school  should  pro- 
ceed under  the  immediate  direction  of  the  teacher. 

2.  Visitation.     The  superintendent  in  his  visits  should  endeavor  to  aid, 
instruct,  and  inspire  teachers  to  employ  the  best  methods  of  teaching,  gov- 
erning and  conducting  their  schools.     He  should  try  to  secure  the  proper 
classification   of   pupils,   the   right   use   of   the   course   of   study  and   school 
libraries,  and  due  care  and  protection  of  school  property.     He  should  study 
to  awaken  among  parents  and  children  a  deeper  interest  in  the  public  schools, 
so  as  to  secure  improved  attendance,  deportment  and  scholarship,  and  induce 
more  frequent  visits  of  parents  and  school  officers.     A  judicious  visit  from 
the  superintendent  may  often  infuse  new  life  into  the  school. 

3.  Condition  of  buildings.     The  county  superintendent  should  carefully  ob- 
serve the  condition  of  the  schoolhouse  and  surroundings,  note  all  defects,  and 
at  once  notify  the  director  or  board  of  the  same. 

4.  Statement  of  traveling  expense.     The  itemized  statement  of  traveling 
expenses  must  give  the  date  the  expense  was  incurred,  for  what,  to  whom 
paid,  and  the  amount  paid. 

5.  Deputy — bond — compensation.     A  deputy  of  the  county  superintendent 
may  receive  such  a  reasonable  allowance  for  his  services  as  the  board  of 
supervisors  thinks  best.     The  deputy  must  take  the  same  oath  as  his  prin- 
cipal, must  give  a  bond,  and  both  appointment  and  bond  must  be  approved 
by  the  board  of  supervisors  before  the  deputy  may  enter  upon  the  duties 
of  his  office.     Code,  section  1186. 

6.  Legal  adviser.     The  county  attorney  is  the  legal  adviser  of  the  differ- 
ent county  officers.     He  should  be  freely  consulted  on  questions  of  law  upon 
which   the   county   superintendent  is   in   doubt.      Section    2740.      Code,   sec- 
tion 302. 

SEC.  2734-c.  Examinations.  On  the  last  Friday  and  Wednesday 
and  Thursday  preceding  in  the  months  of  January,  June,  July  and 
October,  the  county  superintendent  shall  meet  and,  with  such  assistants 
as  may  be  necessary,  examine  all  applicants  for  a  teacher's  certificate. 
Such  examinations  shall  be  held  at  the  county  seat,  in  a  suitable  room 
which  shall  be  provided  for  that  purpose  by  the  board  of  supervisors ; 
but  the  county  superintendent  may,  at  his  discretion,  cause  to  be 
held  at  the  time  of  any  regular  examination  an  additional  examination 
at  some  other  place  in  the  county.  The  questions  used  in  such  ex- 
aminations shall  be  furnished  by  the  educational  board  of  examiners, 
who  shall  cause  the  same  to  be  printed,  and  the  examinations  shall 
be  conducted  strictly  under  rules  prescribed  by  the  board.  [31  G.  A., 
ch.  122,  §  3.] 

NOTES:  1.  Supplemental  examination.  Where  two  examinations  are  held 
in  a  county,  one  will  be  in  charge  of  a  competent  deputy  appointed  by  the 
county  superintendent.  It  is  only  in  exceptional  cases  and  where  a  large 
number  of  applicants  will  be  accommodated  that  a  second  examination 
should  be  authorized. 


SCHOOL  LAWS   OF  IOWA.  13 

2.  Assistants-^-compensation  of.  The  county  superintendent  should  ap- 
point such  assistants  as  may  be  necessary  to  properly  conduct  the  examina- 
tion. The  persons  assisting  shall  file  claims  for  their  services  with  the  board 
of  supervisors,  who  s'hall  audit  and  allow  a  reasonable  compensation  there- 
for. Section  2742. 

SEC.  2734-d.  First  grade  certificates — subjects.  The  examination 
for  the  first  grade  certificate  shall  include  competency  in  and  ability  to 
teach  orthography,  reading,  writing,  arithmetic,  geography,  grammar, 
history  of  the  United  States,  didactics,  elementary  civics,  elementary 
algebra,  elementary  economics,  elementary  physics,  elements  of  vocal 
music,  physiology  and  hygiene,  which  in  each  division  of  the  subject 
shall  include  special  reference  to  the  effects  of  alcohol,  stimulants  and 
narcotics  upon  the  human  system.  [31  G.  A.,  ch.  122,  §  4.] 

NOTES:  1.  Subjects  for  which  valid.  Holders  of  any  valid  license,  not 
a  special  certificate,  may  teach  any  subject  prescribed  in  the  curriculum, 
whether  the  holder  was  examined  in  such  subject.  Attorney-generajl,  report 
1906,  page  42. 

2.  Validity.      First  grade  certificates  are  valid  in   any  county  in   which 
they  are  registered.     Section  2734-q. 

3.  Term — renewal.      A   first   grade   certificate   is   issued   for   three   years 
and  is  renewable  subject  to  conditions  named  in  section  2734-g. 

SEC.  2734-e.  Special  certificates.  A  special  certificate  may  be  is- 
sued for  any  subject  or  any  group  of  subjects,  taught  in  the  public 
schools  of  Iowa  under  such  regulations  as  the  board  of  examiners  may 
adopt.  A  special  certificate  shall  be  issued  for  a  term  of  three  years 
and  shall  be  renewable  under  the  same  conditions  as  apply  to  the 
renewal  of  first  grade  certificates.  It  shall  state  the  names  of  the 
subjects  for  which  it  is  issued,  and  shall  not  be  valid  for  the  teaching 
of  any  other  subjects.  [31  G.  A.,  ch.  122,  §  5.] 

NOTES:  1.  Kinds  of  special  certificates.  The  following  kinds  of  special 
certificates  are  issued:  1,  music;  2,  penmansihip;  3,  drawing;  4,  kindergar- 
ten; 5,  domestic  science;  6,  manual  training;  7,  Latin;  8,  German;  9,  Greek; 
10,  French;  11,  physical  culture;  12,  English,  including  grammar,  rhetoric, 
English  composition  and  English  and  American  literature;  13,  history  and 
political  science,  including  Greek,  Roman,  English  and  American  'history, 
civil  government  of  Iowa  and  of  the  United  States,  and  economics;  14, 
mathematics,  including  higher  arithmetic,  algebra,  geometry  and  trigonom- 
etry; 15,  natural  science,  including  physiology,  physical  geography,  geology, 
botany  and  zoology;  16,  physical  science,  including  physics,  chemistry  and 
astronomy;  17,  commercial,  including  arithmetic,  penmanship,  bookkeeping 
and  commercial  law;  18,  stenography. 

2.  Subjects  may  be  added.     Any  candidate  passing  in  one  of  these  groups 
can  at  his  option  add  another  subject  or  group  of  subjects  to  said  group 
without  paying  an  additional  fee,  provided  the  examination  is  completed  at 
a  given  date. 

3.  Professional  training.      In  addition  to  the  subject  or  groups  of  sub- 
jects for  which  a  certificate  is  desired,  a  candidate  must  pass  a  satisfactory 
examination  in  psychology,  school  management  and  principles  and  methods 
of  instruction  as  applied  to  secondary  education. 

4.  Subjects  for  which  valid.     The  holder  of  a  special  certificate  may  teach 
only  the  subjects  named. 

5.  Validity.     Special  certificates  are  valid  in  any  county  in  the  state  in 
which  are  registered.     Section  2734-q. 

6.  Renewal.     See  sections  2734-g  and  2734-k. 

7.  Special  state  certificates.     Section  2680-b. 


14  SCHOOL  LAWS  OF  IOWA. 

SEC.  2734-f .  Record  of  examinations.  A  record  shall  be  kept  by  the 
county  superintendent  of  all  examinations  taken  within  his  county, 
with  the  name,  age  and  residence  of  each  applicant,  and  the  date  of 
the  examination.  [31  G.  A.,  ch.  122,  §  6.] 

NOTES:  1.  Records.  The  records  of  the  examinations  should  be  care- 
fully kept,  because  from  them  the  reports  to  the  board  of  supervisors,  county 
and  state  treasurers  and  superintendent  of  public  instruction  must  be  made. 

2.  Details.  This  record  should  show  the  names  of  the  candidates,  fees 
received  and  date,  and  grade  of  certificate  issued  to  each. 

'  2« 

SEC.  2734-g.  First  grade  certificates — renewal.  Applicants  who 
have  taught  successfully  for  at  least  thirty-six  weeks,  or  who  have 
completed  a  course  of  study  in  an  approved  college  or  normal  school 
and  whose  examination  entitles  them  to  the  first  grade  certificate,  shall 
receive  the  same  for  a  term  of  three  years  from  the  date  thereof,  and 
such  certificate  shall  be  renewable  without  examination,  provided  the 
applicants  shall  show  by  examination  or  otherwise  that  at  least  one 
line  of  professional  inquiry  has  been  successfully  conducted  during 
the  life  of  the  certificate,  it  being  made  the  duty  of  the  bo'ard  to  for- 
ward with  each  certificate  subject  to  renewal,  outlines  setting  forth 
various  lines  of  professional  study.  It  is  provided  further  that  each 
application  for  renewal  shall  be  accompanied  by  such  proof  of  suc- 
cessful experience  and  professional  spirit  as  the  educational  board  of 
examiners  may  require.  [31  G.  A.,  ch.  122,  §  7.] 

SEC.  2734-h.  Second  grade  certificates — renewal.  Applicants  whose 
examination  entitles  them  to  the  second  grade  certificate  only,  shall 
receive  the  same  for  not  to  exceed  two  years,  with  the  privilege  of  one 
renewal  without  further  examination,  under  the  same  rules  as  govern 
the  renewal  of  first  grade  certificates.  [31  G.  A.,  ch.  122,  §  8.] 

NOTES:  1.  Subjects.  The  examination  for  a  second  grade  certificate  in- 
cludes competency  in  and  ability  to  teach  all  the  subjects  enumerated  in 
section  4  of  this  act,  excepting  elementary  civics,  elementary  economics, 
elementary  algebra  and  elementary  physics. 

2.  Subjects  for  which  valid.     See  note  1,  section  2734-d. 

3.  Validity.     Second  grade  certificates  are  valid  in  any  county  in- which 
they  are  registered.     Section  2734-q. 

4.  Term — renewal.     A  second  grade  certificate  is  issued  for  a  term  not 
to  exceed  two  years  and  may  be  renewed  once.     See  section  2734-g. 

SEC.  2734-i.  Third  grade  certificate.  Applicants  whose  examination 
entitles  them  to  the  third  grade  certificate  only,  shall  receive  the  same 
for  six  months,  provided  that  the  county  superintendent  may,  at  his 
option,  extend  such  certificate  to  the  first  day  of  the  July  following 
its  issue.  A  third  grade  certificate  shall  not  be  renewed  and  not  more 
than  two  such  certificates  shall  be  issued  to  the  same  person.  [31 
G.  A.,  ch.  122,  §  9.] 

NOTES:      1.  Subjects.     Same  as  note  1  to  section  2734-h. 

2.  Subjects  for  which  valid.     See  note  1,  section  2734-d. 

3.  Validity.     Third  grade  certificates  are  valid  in  any  county  in  which 
they  are  registered.     Section  2734-q. 

4.  Term — renewal.     Third  grade   certificates   are  issued   for  six  months. 
They  are  not  eligible  to  renewal,  but  may  be  extended  by  the  county  super- 
intendent without  fee  to  July  1  following  date  of  issue. 


SCHOOL  LAWS   OF  IOWA.  li 

SEC.  2734-j.  Applicants  without  experience.  Applicants  who  have 
had  no  experience  in  teaching,  but  whose  examination  entitles  them 
to  the  first  grade,  shall  receive  a  second  grade  certificate  for  two 
years,  provided  that  when  they  have  taught  successfully  under  such 
certificate  for  not  less  than  thirty-six  weeks,  they  shall  be  entitled  to 
receive  a  first  grade  certificate  on  the  condition  herein  provided  for 
a  renewal  of  a  certificate.  [31  G.  A.,  ch.  122,  §  10.] 

SEC.  2734-k.  County  certificates — renewal — conditions.  Any  person 
who  has  held  a  first  grade  certificate  or  a  special  certificate  in  any 
county  of  this  state  for  one  or  more  years  prior  to  the  taking  effect 
of  this  act,  may  have  the  same  renewed  by  the  board  of  examiners, 
provided  said  person  has  taught  continuously  during  the  preceding 
school  year,  and  provided  further,  that  the  members  of  the  school 
board  of  the  school  corporation  and  the  county  superintendent  of  the 
county  where  such  person  has  been  employed  and,  if  in  a  graded 
school,  the  principal  or  superintendent  under  whom  such  person  has 
taught,  certify  to  the  success  of  the  applicant  in  teaching  and  in  govern- 
ment, and  unite  in  recommending  the  applicant  as  a  teacher  of  effi- 
ciency, scholarship  and  professional  spirit.  Under  like  recommenda- 
tions the  holders  of  second  grade  certificates  with  first  grade  per 
cents  may  have  such  credit  given  in  lieu  of  the  examination  as  the 
board  may  determine.  [31  G.  A.,  ch.  122,  §  11.] 

NOTES:  1.  Which  eligible  to  renewal.  First  grade  and  special  certificates 
issued  prior  to  October  1,  1905,  may  be  renewed  under  the  conditions  named 
in  this  section. 

2.  Second  grade— credit  on.     The  full  examination  will  not  be  'required 
of   teachers   holding   good    second    grade   certificates,   provided    satisfactory 
evidence  is  given  that  the  holders  of  such  certificates  are  teachers  of  pro- 
fessional spirit  and  of  unquestioned  success  in  the  school  room. 

3.  Renewal — application.      This    section    applies    only    to    the    issuing   of 
uniform  county  certificates  on  first  and  second  class  and  special  certificates 
issued  by  county  superintendents  prior  to  October  1,  1905.     For  renewal  of 
uniform  county  certificates,  see  sections  2734-e,  2734-g  and  2734-h. 

SEC.  2734-1.  Qualifications  of  applicants.  Before  admitting  any 
one  to  the  examination,  the  county  superintendent  must  be  satisfied 
that  the  person  seeking  a  certificate  is  of  good  moral  character,  of 
which  fact  he  may  require  proof,  and  is  in  all  respects  other  than  in 
scholarship  possessed  of  the  necessary  qualifications  as  an  instructor. 
[31  G.  A.,  ch.  122,  §  12.] 

SEC.  2734-m.  Examination  papers  graded — certificates  issued,  As 
soon  as  the  examination  is  completed  the  county  superintendent  shall 
forward  to  the  superintendent  of  public  instruction,  a  list  of  all  appli-:, 
cants  examined,  with  the  standings  of  each  in  didactics  and  oral 
reading,  and  his  estimate  of  each  applicant's  personality  and  general 
fitness,  other  than  scholarship,  for  the  work  of  teaching.  He  shall 
at  the  same  time  forward  to  the  superintendent  of  public  instruction 
the  answer  papers  written,  with  the  exception  of  those  in  didactics. 
Under  the  supervision  of  the  educational  board  of  examiners,  the 
papers  shall  be  graded  and  the  scholastic  qualifications  determined, 
The  result  of  such  examination  of  persons  who  pass  the  same,  shall 
be  entered  upon  a  certificate  provided  by  such  board,  and  shall  be 


16  SCHOOL   LAWS   OF   IOWA. 

transmitted  to  the  county  superintendent  of  the  county  in  which  the 
person  entitled  thereto  resides.     [31  G.  A.,  eh.  122.  §  13.] 

NOTES:  1.  Report  of  examination.  All  certificates  are  sent  to  the  county 
superintendent,  who  should  forward  them  to  the  persons  to  whom  issued. 
At  the  same  time,  the  report  of  the  standing  of  those  who  do  not  receive 
certificates  is  sent  to  the  county  superintendent,  who  should  at  once  notify 
each  candidate  of  his  standing. 

2.  Checking.  Immediately  upon  receipt  of  the  certificates,  the  count j 
superintendent  should  check  each  one  with  the  examination  sheet.  By  doing 
so,  errors  may  be  avoided. 

SEC.  2734-n  Readers — clerical  help.  Immediately  following  each 
examination  authorized  by  this  act,  the  board  of  examiners  shall  call 
to  their  assistance  a  sufficient  number  of  competent  readers  previously 
selected  by  the  board,  ten  of  whom  shall  be  county  superintendents. 
The  county  superintendents  so  chosen  shall  be  known  as  head  readers 
and  shall  also  constitute  a  review  board  in  cases  of  doubt.  They  shall 
also  make  a  list  of.  applicants  from  each  county,  nearest  the  passing 
mark  for  a  third  grade  certificate.  The-  head  readers  shall  receive 
necessary  traveling  expenses  only.  All  other  readers  shall  receive 
actual  traveling  expenses  to  and  from  the  capitol  and  not  to  exceed 
fifty  cents  an  hour  for  time  actually  employed  in  reading  and  marking 
answer  papers.  Such  additional  clerical  help  as  may  be  required  may 
be  employed  by  the  board  at  not  to  exceed  thirty  cents  per  hour  for 
time  actually  employed.  [31  G.  A.,  ch.  122,  §  14.] 

SEC.  2734-0.  Expenditures  certified  and  paid.  All  expenditures 
authorized  by  this  act  shall  be  certified  by  the  superintendent  of  pub- 
lic instruction  to  the  executive  council,  who  shall  cause  the  auditor 
of  the  state  to  draw  warrants  therefor  upon  the  treasurer  of  state, 
but  not  to  exceed  the  fees  paid  into  the  treasury  under  the  provisions 
of  this  act.  [31  G.  A.,  ch.  122,  §  .5.1 

NOTE:      For  amendment  see  section  2634-a. 

SEC.  2734-p.  Application  fee.  Each  applicant  for  a  certificate  shall 
pay  a  fee  of  one  dollar,  one-half  of  which  shall  be  paid  into  the  state 
treasury  on  or  before  the  first  day  of  the  succeeding  month,  and  one- 
half  shall  be  paid  into  the  county  institute  fund.  [31  G.  A.,  ch.  122, 
§16.] 

NOTES:  1.  Fees—-collection  of.  A  fee  of  $1  must  be  collected  from  every- 
one writing  an  examination  either  in  part  or  in  whole,  from  everyone  apply- 
ing for  a  provisional  certificate  and  from  everyone  applying  for  the  renewal 
of  a  certificate. 

2.  Fees— depositing.  One-half  of  the  examination  fee  collected  must  be 
paid  into  the  institute  fund  and  the  other  half  must  be  forwarded  to  the 
treasurer  of  state,  Des  Moines,  Iowa.  These  fees  should  be  deposited  on  the 
FIRST  DAY  OF  THE  MONTH.  Do  not  remit  to  the  state  treasure*  on  any 
other  date. 

SEC.  2734-q.  Registration  fee.  No  person  shall  teach  in  any  public 
school  in  this  state  whose  certificate  has  not  been  registered  with  the 
county  superintendent  of  the  county  in  which  such  school  is  located. 
A  registration  fee  of  one  dollar  shall  be  charged  for  each  year,  or 
part  of  the  year,  for  which  the  certificate  or  diploma  is  registered. 
All  registration  fees  shall  be  paid  into  the  county  institute  fund. 
[31  G.  A.,  ch.  122,  §  17.] 


SCHOOL  LAWS  OF  IOWA.  17 

NOTES:  1.  Fees.  A  registration  fee  of  $1  is  required  before  a  teacher 
can  begin  teaching.  You  can  register  a  certificate  only  to  the  close  of  the 
current  school  year. 

2.  All  licenses  must  be  registered.     Every  person  holding  either  a  state 
certificate,  state  diploma,  a  county  certificate,  a  special  certificate,  or  a  cer- 
tificate to  teach  in  kindergartens,  who  desires  to  teach  in  any  of  the  public 
schools  of  this  state  must  cause  such   certificate  to   be   registered  with  the 
county  superintendent  of  the  county  an  which  he  desires  to  teach,  no  matter 
when  the   certificate   is   issued,    whether   before   or   since    October    1,    1906. 
Opinion  of  attorney-general. 

3.  Registration — when  not  necessary.     The  holder  of  a  certificate  may  not 
be  required  to  have  the  same  registered  unless  he  desires  to  teach  under  its 
authority. 

SEC.  2734-r.  Third  grade  certificates — when  not  registered.  In 
case  a  sufficient  number  of  life  diplomas,  state  certificates,  first  grade 
certificates,  special  certificates  and  second  grade  certificates  are  held 
in  any  county  to  supply  the  schools  thereof,  it  shall  not  be  incumbent 
on  the  county  superintendent  to  register  third  grade  certificates.  [31 
G.  A,  ch.  122,  §  18.] 

SEC.  2734-s.  Special  examination — provisional  certificates.  When 
a  sufficient  number  of  licensed  teachers  cannot  be  secured  to  fill  the 
schools  of  any  county,  the  board  of  examiners  may,  upon  the  request 
of  the  county  superintendent,  appoint  a  special  examination  for  such 
county  to  be  conducted  in  all  respects  as  a  regular  examination  and 
the  answer  papers  to  be  forwarded  to  the  president  of  the  board  as 
required  in  regular  examinations,  and  thereupon  provisional  certifi- 
cates may  be  issued  by  the  educational  board  of  examiners.  [31  G.  A., 
ch.  122,  §  19.] 

NOTE:  1.  Provisional  certificates.  If,  in,  the  opinion  of  the  county  su- 
perintendent, the  exigencies  in  his  county  require  it,  provisional  certificates 
may  be  issued  in  sufficient  number  to  permit  practically  all  the  schools  to 
be  opened.  But  it  should  be  distinctly  understood  that  provisional  certifi- 
cates are  in  every  instance  issued  on  the  recommendation  of  the  county 
superintendent.  The  granting  of  such  certificates,  where  the  average  falls 
under  the  minimum  per  cent  fixed  by  the  board  of  examiners  is  not  ap- 
proved. If  certificates  are  required  for  persons  of  lower  scholarship,  the 
county  superintendent,  and  not  the  board  of  examiners,  must  bear  the 
responsibility  for  causing  their  issue. 

SEC.  2734-t.  Certificates  where  valid — revocations.  All  certificates 
provided  for  in  this  act  shall  be  valid  in  any  county  within  the  state, 
when  registered  in  such  county,  but  a  provisional  certificate  shall  be 
valid,  upon  registration,  only  in  the  county  in  which  it  is  issued  and 
shall  be  issued  for  the  same  time  and  subject  to  the  same  extension 
as  a  third  grade  certificate,  but  no  person  shall  be  entitled  to  receive 
more  than  one  provisional  certificate,  except  upon  the  approval  of  the 
county  superintendent.  Any  certificate  or  diploma  issued  by  the  board 
may  be  revoked  for  any  cause  which  would  have  authorized  or  re- 
quired a  refusal  to  grant  the  same,  or  in  case  the  holder  thereof  vio- 
lates any  of  the  provisions  of  this  act.  [31  G.  A.,  ch.  122,  §  20.]  . 

NOTE:  1.  Provisional  certificates — number.  It  is  the  clear  intent  of  the 
law  that  a  provisional  certificate  should  not  be  issued  a  second  time  to  the 
same  person.  It  is  only  in  exceptional  cases  that  the  county  superintendent 
should  ask  for  a  second  provisional  certificate  for  a  teacher. 


18  SCHOOL  LAWS  OF  IOWA. 

SEC.  2734-u.  Revocation  of  certificate — charges — trial — appeal, 
When  in  the  judgment  of  the  county  superintendent  there  is  probable 
cause  for  the  revocation  of  a  certificate  or  diploma  held  by  any  teacher 
employed  in  his  county,  or  when  charges  are  preferred,  supported  by 
affidavits  charging  incompetency,  immorality,  intemperance,  cruelty, 
or  general  neglect  of  the  business  of  the  school,  the  county  superintend- 
ent shall  within  ten  days  transmit  to  such  person  a  written  statement 
of  the  charges  preferred  and  set  the  time  and  place  for  the  hearing  of 
the  same,  at  which  trial  the  teacher  shall  be  privileged  to  be  present 
and  make  defense.  If  in  the  judgment  of  the  county  superintendent 
there  is  sufficient  grounds  for  the  revocation  of  the  certificate  or  di- 
ploma, he  shall  at  once  issue  in  duplicate  an  order  revoking  the  cer- 
tificate or  diploma,  and  the  same  shall  be.come  operative,  and  of  full 
force  and  effect  ten  days  after  the  date  of  its  issue,  one  copy  of  the  or- 
der to  be  mailed  to  the  holder  of  the  certificate  and  the  other  to  be 
mailed  to  the  superintendent  of  public  instruction.  Provided  that  the 
person  aggrieved  by  such  order  shall  have  the  right  to  appeal  to  the 
superintendent  of  public  instruction  within  ten  days  from  the  date  of 
such  mailing  and  in  case  of  appeal  the  revocation  shall  not  be  effective 
until  the  same  is  affirmed,  after  full  hearing,  by  the  superintendent  of 
public  instruction.  Provided  further,  that  in  the  case  of  life  diplomas 
or  state  certificates  of  whatever  class,  the  revocation  shall  not  be  effect- 
ive until  affirmed  by  the  educational  board  of  examiners  after  full 
review  by  said  board.  [31  G.  A.,  ch.  122,  §  21.] 

SEC.  2734- v.  List  of  persons  holding  certificates  and  attending  nor- 
mal institutes.  The  county  superintendent  shall  annually,  on  the  first 
Monday  of  September,  file  with  the  president  of  the  educational  board 
of  examiners  a  list  of  all  persons  who  for  the  preceding  year  have  held 
certificates  and  have  attended  the  normal  institute,  with  the  number 
of  days  attendance  of  each.  A  similar  report  of  summer  school  attend- 
ance shall  be  secured  by  the  president  of  the  board.  In  any  subsequent 
examination  or  renewal  the  board  may  give  such  credit  for  institute  or 
summer  school  attendance  as  it  may  determine,  any  rule  adopted  to 
apply  equally  to  all  similar  cases.  [31  G.  A.,  ch.  122,  §  22.] 

COUNTY  SUPERINTENDENT — DUTIES.  * 

SEC.  2738.  Normal  institute.  The  county  superintendent  shall  hold, 
annually,  a  normal  institute  for  the  instruction  of  teachers  and  those 
who  may  desire  to  teach,  and,  with  the  concurrence  of  the  superintend- 
ent of  public  instruction,  procure  .such  assistance  as  may  be  necessary 
to  conduct  the  same,  at  such  time  as  the  schools  in  the  county  are 
generally  closed.  To  defray  the  expenses  of  said  institute,  he  shall 
require  the  payment  of  a  registration  fee  of  one  dollar  from  each  per- 
son attending  the  normal  institutes,  and  the  payment  in  all  cases  of 
one  dollar  from  every  applicant  for  a  certificate:  provided  that,  if  the 
applicant  is  granted  a  two-years'  certificate,  he  shall  pay  one  dollar 
additional.  He  shall  monthly,  and  at  the  close  of  each  institute,  trans- 
mit to  the  county  .treasurer  all  moneys  so  received,  including  the 
state  appropriation  for  institutes,  to  be  designated  the  "institute 
fund,"  together  with  a  report  of  the  name  of  each  person  so  con- 


SCHOOL  LAWS   OF  IOWA.  19 

tributing,  and  the  amount.  The  board  of  supervisors  may  appropriate 
out  of  the  general  fund  such  additional  sum  as  it  may  find  necessary 
for  the  further  support  of  such  institute.  All  disbursements  of  the 
institute  fund  shall  be  by  warrants  drawn  by  the  county  auditoi,  who 
shall  dravV  said  warrants  upon  the  written  order  of  the  county  super- 
intendent, and  said  written  order  must  be  accompanied  by  an  itemized 
bill  for  services  rendered  or  expenses  incurred  in  connection  with  the 
institute,  which  bill  must  be  signed  and  sworn  to  by  the  party  in 
whose  favor  the  order  is  made  and  must  be  verified  by  the  county 
superintendent.  All  said  orders  and  bills  shall  be  kept  on  file  in  the 
auditor's  office  until  the  final  settlement  of  the  county  superintendent 
with  the  board  of  supervisors  at  the  close  of  his  term  of  office.  No 
warrant  shall  be  drawn  by  the  auditor  in  excess  of  the  amount  of  in- 
stitute fund  then  in  the  county  treasury.  The  county  superintendent 
shall  furnish  to  the  county  board  of  supervisors  a  certified  itemized 
account  of  the  receipts  and  disbursements  of  all  moneys  collected  and 
paid  out  by  him  for  a  normal  institute,  which  account  they  shall 
examine,  audit  and  publish  a  summary  thereof  with  their  proceedings 
next  following  the  holding  of  the  normal  institute.  The  superintend- 
ent shall  report  to  the  board  of  supervisors  the  first  of  January  an- 
nually a  summary  of  his  official  financial  transactions  for  the  previous 
year.  [30  G.  A.,  ch.  113 ;  29  G.  A.,  ch.  123 ;  27  G.  A,  ch.  87 ;  17  G.  A., 
ch.  54;  15  G.  A.,  ch.  57;  C.  '73,  §  1769.] 

NOTES:  1.  Time.  The  normal  institute  must  be  held  when  the  public 
schools  are  generally  closed.  Section  2773  provides  that  no  school  may  be 
in  session  during  a  teachers'  institute,  except  by  written  permission  of  the 
county  superintendent. 

2.  Plans.     County  superintendent  will  determine  the  time  and  place,  and 
suggest  the  names  of  conductor  and  instructors  for  approval.     Form  2. 

3.  Term.     The  length  of  time  during  which  the  normal  institute  shall  re- 
main in  session  is  left  to  the  discretion  of  the  county  superintendent.     It 
cannot  be  in  session  less  than  six  working  days.     See  section   2622.     The 
length  of  time  beyond  this  will  depend  largely  upon  the  condition  of  the 
Institute  fund. 

4.  Value.  If  the  proper  means  are  employed,  the  normal  institute  can 
be  rendered  invaluable  to  teachers.  Young  and  inexperienced  teachers 
should  not  expect  to  receive  certificates,  unless  of  the  lowest  grade,  without 
regularly  attending  the  normal  institute.  The  benefits  to  be  received  should 
secure  voluntary  and  general  attendance. 

5.  Faculty.     A  conductor  of  successful  experience  in  institute  work,  able 
to  give  plain,  practical  instruction  in  methods  of  school  organization,  gov- 
ernment and  teaching,  should  be  secured  early.    The  other  instructors  should 
be   superior   teachers   of  recent   experience,   and   usually  one   or   more   lady 
teachers  should  be  employed. 

6.  Ability   should  be   established.      County   superintendents   should    have 
sufficient  evidence  of  the  abilities  of  their  instructors  (before  engaging  them 
In  all  cases  where  strangers  are  employed,  references  should  be  irequired, 
and    inquiries    made    at   the    state    department    will    frequently    secure    th« 
proper  knowledge. 

7.  Director.     The  superintendent  should  be  director,  assuming  the  gen- 
eral oversight'  and  direction  of  the  institute.     He  is  entitled  to  'his  salary 
for  any  service  in  connection  wiit'h  the  institute,  as  for  other  official  duties, 
but  may  receive  no  part  of  the  institute  fund. 

8.  Purpose.     These  normal  institutes  are  short  training  schools,  their  ob- 
ject being  to  reach  and  correct  the  greatest  defect   found   in  the   schools. 
Th«  superintendent,   in  visiting  schools,  should   seek   to   discover   the   most 
prominent  defects  and  wants  in  the  methods  of  instruction.     The  normal 


20  SCHOOL  LAWS  OF  IOWA. 

institute  will  afford  effective  means  of  reaching  and  correcting  these  faults 
The  great  object  is  to  instruct  teachers  how  to  teach  children. 

9.  Instructors,  lecturers,   apparatus.      In  normal   institutes,   efficient  and 
earnest  instructors  should  be  employed.     Charts  and  other  appliances  should 
be  amply   provided.      Physicians   and   scientists   may   be   invited   to   lecture, 
and  teachers  should  be  exhorted  to  be  sincere,  fearless  and  faithful  in  the 
discharge  of  their  duty. 

10.  Fees.     It  is  apparent  that  the  enrollment  fee  may  not  be  collected 
from  any  one  not  attending  the  normal  institute. 

11.  Reports  to  treasurer.     The  reports  and  payments  to  the  county  treas- 
urer should   be  made  the   first  of  each   month,  and  at  the  end  of  the  in- 
stitute.    Forms  6,  7,  8  and  9. 

12.  Settlement  with  supervisors.     It  is  the  duty  of  the  Aboard  of  super- 
visors to  settle  with  the  county  superintendent,  at  the  close  of  his  term  of 
office,    as    with   other   county    officers,    according    to    the   provisions    of    the 
law. 

13.  Fee  changed.     The  examination  fee  is  in  every  case  one  dollar.     Sec- 
tion 2734-p. 

SEC.  2739.  Reports.  The  county  superintendent  shall  annually,  on 
the  last  Tuesday  in  August,  make  a  report  to>  the  superintendent  of 
public  instruction,  giving  a  full  abstract  of  the  several  reports  made  to 
him  by  the  secretaries  -and  treasurers  of  school  boards,  stating  the 
manner  in  and  extent  to  which  the  requirements  of  the  law  regarding 
instruction  in  physiology  and  hygiene  are  observed,  and  such  other 
matters  as  he  may  be  directed  by  the  state  superintendent  to  include 
therein,  or  he  may  think  important  in  showing  the  actual  condition 
of  .the  schools  in  his  county.  At  the  same  time,  he  shall  file  with  the 
county  auditor  a  statement  of  the  number  of  persons  of  school  age  in 
each  school  township  and  independent  district  in  the  county.  He  shall 
also  report,  as  provided  by  law,  to  the  superintendent  of  the  college 
for  the  blind,  the  name,  age,  residence  and  postoffice  address  of  every 
person,  resident  of  the  county,  so  blind  as  to  be  unable  to  acquire  an 
education  in  the  common  schools;  to  the  superintendent  of  the  insti- 
tution for  the  deaf  and  dumb,  with  the  same  detail,  all  persons  of 
school  age  whose  faculties  in  respect  to  hearing  or  speaking  are  so 
deficient  as  to  prevent  them  from  acquiring  an  education  in  such 
schools;  and  to  the  institution  for  the  feeble-minded,  all  persons  of 
like  age  who,  because  of  mental  defects,  are  entitled  to  admission 
therein.  [31  G.  A.,  ch.  136,  §'1;  21  G.  A.,  ch.  1,  §  2;  C.  73,  §§  1771, 
1772;  R.,  §  2070.] 

NOTES:  1.  Blanks.  The  blanks  for  the  annual  report  of  the  county 
superintendent,  together  with  instructions  for  making  the  report,  are  fur- 
nished by  the  superintendent  of  public  instruction.  The  blanks  for  the  re- 
ports to  the  different  institutions  should  be  furnished  by  the  superintendents 
in  charge  of  such  institutions. 

2.  Tests.     The  superintendent  should  test  the  accuracy  of  the  treasurers' 
reports  by  consulting  the  books  of  the  county  treasurer.     The  amount  of 
the  several  funds  reported  received  from  the  district  tax,  also  the  amount 
received  from  the  semi-annual  apportionments,  must  agree  with  the  county 
treasurer's  receipts. 

3.  Errors.     All  errors  must  be  corrected.     The  balances  reported  on  hand 
in  the  last  report  from  the  district  treasurer  should  the  following  year  be 
correctly  accounted  for  and  sihould  form  the  first  item  of  such  report  and 
be  designated:      "On  hand  at  last  report."  , 

4.  Enumeration.     The  abstract  of  the  enumeration   of  children  in  each 
district  should   be   made  with  special  care,   complete   and   accurate;   other- 
wise the  county  will  not  obtain  its  just  proportion  of  the  income  of  the  per- 
manent school  fund. 


SCHOOL  LAWS  OF  IOWA.  21 

5.  Delayed  reports.  Should  the  district  secretaries  or  treasurers  fail  to 
make  their  reports  in  time,  the  superintendent  should  take  prompt  meas- 
ures to  secure  them,  going  after  them  if  necessary. 

SEC.  2740.  Enforcing  laws.  The  county  superintendent  shall  see 
that  all  provisions  of  the  school  law,  so  far  as  it  relates  to  the  schools 
or  school  officers  within  his  county,  are  observed  and  enforced, 
specially  those  relating  to  the  fencing  of  schoolhouse  grounds  with 
barb  wire,  and  the  introduction  and  teaching  of  such  divisions  of 
physiology  and  hygiene  as  relate  to  the  effects  of  alcohol,  stimulants 
and  narcotics  upon  the  human  system,  and  to  this  end  he  may  require 
the  assistance  of  the  county  attorney,  who  shall  at  his  request  bring 
any  action  nec'essary  to  enforce  the  law  or  recover  penalties  incurred. 
[21  G.  A.,  ch.  1,  §  2;  20  G.  A.,  ch.  103,  §  2.] 

SEC.  2741.  Penalty.  Should  he  fail  to  make  the  report  herein  re- 
quired of  him  to  the  superintendent  of  public  instruction  or  the  county 
auditor,  he  shall  forfeit  to  the  school  fund  of  his  county  the  sum  of  fifty 
dollars,  to  be  recovered  in  an  action  brought  by  the  county  for  the 
use  of  the  school  fund,  and  in  addition  shall  be  liable  for  all  damages 
occasioned  thereby.  [C.  '73,  §  1773;  R,  §  2072.] 

NOTE:  1.  Additional  to  penalty.  In  addition  to  the  penalty  provided 
in  this  section  for  a  failure  to  make  the  annual  report,  the  delinquent 
county  superintendent  is  required  to  pay  a  reasonable  compensation  to 
the  person  whom  the  superintendent  of  public  instruction  may  appoint  to 
make  such  report  for  'him.  Section  2622. 

SEC.  2742.  Compensation.  He  shall  receive  a  salary  of  twelve 
hundred  and  fifty  dollars  a  year,  and  the  expenses  of  necessary  office 
stationery  and  postage,  and  those  incurred  in  attendance  upon  meet- 
ings called  by  the  superintendent  of  public  instruction ;  claims  therefor 
to  be  made  by  verified  statements  filed  with  the  county  auditor,  who 
shall  draw  his  warrant  upon  the  county  treasurer  therefor;  and  the 
board  of  supervisors  may  allow  him  such  further  sum  by  way  of  com- 
pensation as  may  be  just  and  proper.  [29  G.  A.,  ch.  124;  19  G.  A.,  ch. 
161,  §  1;  C.  '73/§  1776;  B.,  §  2074.] 

NOTES:  1.  Superintendent  determines  office  days.  It  is  the  intention  of 
the  law  that  each  county  superintendent  shall  determine  the  time  neces- 
sary to  be  employed  in  the  duties  of  his  office,  and  the  division  of  labor  to 
be  made.  Of  course,  specific  duties  are  required,  such  as  making  certain 
reports  at  times  designated,  visiting  schools,  and  that  he  shall  conform  to 
the  instructions  from  the  superintendent  of  public  instruction.  But  in  gen- 
eral, he  is  to  decide  for  himself,  as  indicated  in  his  oath  of  office,  what 
means  will  best  advance  the  work  in  his  county. 

2.  Office  supplies  furnished.     The  board  of  supervisors  s'hall  furnish  the 
county  superintendent  with  an  office  at  the  county  seat,  together  with  fuel, 
lights,   blanks,    books   and   stationery   necessary   and   proper   to   enable   him 
to  discharge  the  duties  of  his  office,  but  in  no  case  shall  such  officer  be  per- 
mitted  to   occupy  an   office  also   occupied   by  a   practicing   attorney.      Code, 
section  468.     Report,  attorney-general,  1906,  page  261. 

3.  Office  stationery — what  may  be  included.      Attendance   and  classifica- 
tion registers,  record  books  for  school  directors  and  secretaries,  librarian's 
records    for   rural    libraries,   institute    records,    report    cards,    and    packages 
of  blanks  for  use  of  school  officers  in  calling  meetings  and  making  reports 
were  held   to   be  necessary  office   stationery.     See   decision   of  Judge  J.   H. 
Applegate  in  case  of  Hammond  &   Stephens  Co.   vs.   Dallas  county,   Dallas 
county  district  court. 


22  SCHOOL  LAWS  OF  IOWA. 

THE  SYSTEM  OP  COMMON  SCHOOLS. 

SEC.  2743.  School  districts — corporate  powers.  Each  school  dis- 
trict now  existing  shall  continue  a  body  politic  as  a  school  corporation, 
unless  hereafter  changed  as  provided  by  law,  and  as  such  may  sue  and 
be  sued,  hold  property,  and  exercise  all  the  powers  granted  by  law, 
and  shall  have  exclusive  jurisdiction  in  all  school  matters  over  the 
territory  therein  contained.  [C.  '73,  §§  1713,  1716;  R.,  §§  2022,  2026; 
C.  '51,  '§  1108.] 

NOTES:  1.  Boundaries.  In  boundaries,  school  townships  usually  coin- 
cide with  civil  townships.  41  Iowa,  30. 

2.  Garnishee.     Section  3936  of  the  code  provides  that  a. municipal  or  po- 
litical corporation  shall  not  be  garnisheed.     However,  the  corporation  may 
waive  exemption  from  this  process.      25  Iowa,  315. 

3.  All  territory  in  some  corporation.    The  policy  of  our  law  is,  that  the 
territory   once   organized    for    school    purposes    must    always    remain    within 
some  jurisdiction,  and  that  it  may  not  be  detached  from  the  jurisdiction  to 
which  it  belongs  without  at  the  same  time  becoming  a  separate  jurisdiction 
or  a  part  of  another  jurisdiction  for  school  purposes.    82  Iowa,  10.    Decisions, 
33  and  58. 

4.  General  powers.      A  school  corporation  may  possess  and  exercise  the 
following  powers:      (a)    Those  granted  in  express  terms,      (b)    Those  neces- 
sarily implied  or  necessarily  incident  to  the  powers  expressly  granted,      (c) 
Those  absolutely  essential  to  the  declared  objects  and  purposes  of  the  cor- 
poration.    25  Iowa,  163;   39  Iowa;  447;   52  Iowa,  193;   and  19, Iowa,  199. 

5.  Validity  of  school  organization.     Quo  warranto,  rather  than  certiorari, 
is  the  proper  remedy  to  test  the  validity  of  the  organization  of  a  school 
district,    and    appeal    to    the    superintendent    is    not    the   exclusive    remedy. 
129  Iowa,  538. 

6.  Unauthorized   official   acts — test   of.      Code,   section    4313,    authorizing 
a  quo  warranto  proceeding  to  test  the  official  and  corporate  rights  does  not 
preclude  a  school  township  from  maintaining  an  action  in  equity  in  its  own 
name  to  enjoin  persons,  assuming  without  authority  to  act  as  officers  of  an 
independent  district  within  the  township,  from  interfering  with  the  rights 
of  the  school  township  and  also  for  an  accounting,  as  the  former  proceeding 
is   for   the   protection    of   public   interest   and   the   latter    to    redress    private 
wrongs.     122  Iowa,  602. 

SEC.  2744.  Names.  District  townships  now  existing  shall  here- 
after be  called  school  townships,  subdivisions  of  which  shall  be  called 
subdistricts.  School  corporations  shall  be  designated  as  follows:  The 
school  township  of  (naming  civil  township),  in  the  county  of  (naming 
county),  state  of  Iowa;  or,  the  independent  school  district  of  (naming 
city,  town  or  village,  and  if  there  are  two  or  more  districts  therein, 
including  some  appropriate  name  or  number),  in  the  county  of  (nam- 
ing county),  state  of  Iowa;  or,  the  rural  independent  school  district 
of  (some  appropriate  name  or  number),  township  of  (naming  town- 
ship), in  the  county  of  (naming  county),  state  of  Iowa.  [27  G.  A., 
ch.  91,  §  1 ;  C.  '73,  §  1716 ;  R.,  §  2026 ;  C.  '51,  §  1108. 

NOTES:  1.  Subdistrict  not  a  corporation.  A  subdistrict  is  not  a  corpora- 
tion, and  hence  can  neither  hold  property  nor  perform  any  corporate  act. 
Decisions,  13. 

2.  Use  of  corporate  name.     In  suits,  contracts  and  conveyances,  the  cor- 
porate name  should  'be  strictly  observed. 

3.  Change  of  name.     At  their  annual  meeting,  the  electors  of  any  rural 
independent  school  district  may  vote  by  ballot  to  change  the  name  of  the 
dlotrkt,  and  the  board  will  be  guided  by  this  expressed  wish. 


SCHOOL  LAWS   OP   IOWA.  23 

SEC.  2745.  Directors.  The  affairs  of  each  school  corporation  shall 
be  conducted  by  a  board  of  directors,  the  members  of  which  in  all 
independent  school  districts  shall  be  chosen  for  a  term  of  three  years, 
and  in  all  snbdistricts  of  school  townships  for  a  term  of  one  year. 
[26  G.  A,  ch.  40;  18  G.  A.,  ch.  143;  17  G.  A.,  ch.  113;  15  G.  A.,  ch.  27; 
C.  '73,  §  1802;  R.,  §§  2099,  2100,  2106.] 

NOTES:  1.  Term  begins.  The  terms  of  directors  of  independent  city, 
town  and  village  corporations  begin  on  the  third  Monday  of  March  and  of 
rural  independent  districts  and  school  townships  on  the  first  day  of  July 
following  their  election.  Sections  2757,  2758. 

2.  Term  when  filling  vacancies.  A  director  "holding  over,"  or  elected  or 
appointed  to  fill  a  vacancy,  assumes  the  duties  of  the  office  within  ten  days 
(section  1275),  and,  if  "'holding  over,"  or  appointed,  serves  until  the  next 
regular  election  (section  1276),  or,  if  elected,  for  the  remainder  of  the  term 
(section  1277). 

SEC.  2745-a.  Duty  of  boards  of  school  directors.  It  shall  be  the 
duty  of  all  boards  of  school  directors  in  school  districts  where  the 
schoolhouse  site  adjoins  the  cultivated  or  improved  lands  of  another 
to  build  and  maintain  a  lawful  fence  between  said  site  and  cultivated 
or  improved  lands.  [27  G.  A.,  ch.  88,  §  1.] 

NOTES:  1.  Barbed  wire.  Barbed  wire  may  not  be  used  to  fence  a  school 
site,  nor  for  any  fence  or  other  purpose  within  ten  feet  of  the  site  Section 
2817. 

2.  Lawful  fence.     For  the  specifications  for  a  "lawful  fence"  see  section 
2367  of  the  code. 

3.  "Tight"  fence.     A  partition  fence  shall   be   made  tight  by  the   party 
desiring  it.     Section  2367  of  the  code. 

4.  Fence  viewers.      The  township   trustees   constitute   the   fence  viewers 
for  the   purpose  of   determining  matters   in   controversy.      Section    2367    of 
the  code. 

5.  Additional  law.     See  section  2773. 

SEC.  2745-b.  Rights  of  owner  of  adjoining  lands.  The  owner  of 
lands  adjoining  any  schoolhouse  site  shall  have  the  right  to  connect  the 
fence  on  his  lands  with  the  fences  around  any  schoolhouse  site,  but 
he  shall  not  be  liable  to  contribute  to  the  maintenance  of  the  fence 
around  said  site.  [27  G.  A.,  ch.  88,  §  2.] 

NOTE:  Barbed  wire  prohibited.  Barbed  wire  may  not  be  used  to  con- 
nect the  fence  of  an  adjoining  land  owner  with  the  fence  around  a  school 
site.  Barbed  wire  may  not  be  brought  nearer  than  ten  feet  of  the  school 
premises.  Section  2817. 

SEC.  2746.  Annual  meeting  of  corporation.  A  meeting  of  the 
voters  of  each  school  corporation  shall  be  held  annually  on  the  second 
Monday  in  March  for  the  transaction  df  the  business  thereof.  Notice 
in  writing  of  the  place,  day  and  hours  during  which  the  meeting  will 
be  in  session,  specifying  the  number  of  directors  to  be  elected,  and  tho 
terms 'thereof,  and  such  propositions  as  will  be  submitted  to  and  ~Be 
determined  by  the  voters,  shall  be  posted  by  the  secretary  of  the  board 
in  at  least  five  public  places  in  said  corporation,  for  not  less  than 
ten  days  next  preceding  the  day  of  the  meeting.  The  president 
and  secretary  of  the  board,  with  one  of  the  directors  shall  act  as 
judges  of  the  election.  If  any  judge  of  election  is  absent  at  the  organ- 
ization of  the  meeting  the  voters  present  shall  appoint  one  of  their 


24  SCHOOL   LAWS   OF   IOWA. 

number  to  act  in  his  stead.  The  judges  of  election  shall  issue  certifi- 
cates to  the  directors  elected.  [19  G.  A.,  ch.  51;  18  G.  A.,  ch.  7,  §  1 : 
18  G.  A.,  ch.  63;  C.  '73.  §§  1717,  1719;  R.,  §§  2027-8,  2031.  2033;  C/'51. 
§§  1111,  1114-15.] 

NOTES:  1.  But  one  day.  The  meeting  cannot  be  adjourned  to  another 
day,  and  must  be  held  at  the  time  and  in  the  manner  directed  by  the  law. 
Section  2746. 

2.  Notice   necessary.      It    is    mandatory    upon    the    secretary    to    give    ten 
days'  notice  of  the  annual   meeting  of  the  school   corporation  and   of  such 
propositions  as  the  board  or  the  electors  by  petition,  as  provided  in  section 
2749,   may  desire  to  have  submitted   to  the  electors  at  that  time.     Failure 
to  do  so  will  invalidate  any  action  that  may  be  taken  by  the  electors  at  such 
meeting.     118  Iowa,  207.     Form  8. 

3.  Secretary  must  be  directed.     The  secretary  cannot  give  legal  notice  of 
any  proposition  unless  directed  to  do  so  by  the  board  of  directors.     McNees  et 
al.  vs.  School  Township,  East  River,  HON.  W.,  325.     Kinney  vs.  Howard,  110 
N.  W.,  282;  and  note  1,  section  2829. 

4.  Notice — kind.      Not  less  than  ten   days'   notice  by  posting  in  at  least 
five  public  places  must  be  given.     Section  2746.     But  in  school  corporations 
having  five  thousand   or   more   inhabitants,   notice  shall   be   posted   in   each 
precinct  and  published  in  a  newspaper.     Section  2754. 

5.  Registration.      In   corporations   of  five   thousand   or   more   inhabitants, 
the  board  must  provide  for  the  registration  of  voters.     Section   2755.     At- 
torney-general, report  1906,  page  174. 

6.  Polls  open.     In  corporations  of  five  thousand  or  more  inhabitants,  the 
polls  shall  open  at  9  A.M.     Section  2756.     In  all  other  corporations  at  1  P.M. 

7.  Duration.      In  corporations  of  five  thousand   or   more  inhabitants,  the 
polls  shall   remain  open   until   7   P.M.      Section   2756.      In   independent  city, 
town   and  village  corporations  of  less   than  five   thousand   inhabitants  they 
must   remain    open   five   hours   and   in   rural    and    independent   districts   and 
school  townships  two  hours.     Section  2754. 

8.  Official  record.      The   secretary   shall   make   a   complete   record   of   the 
transactions  of  each  annual  or  special  meeting  of  the  electors      Section  2761. 
In   the  absence  of  a  record  the  action  taken   may  be  shown   by  parol  evi- 
dence.    Kinney  vs.  Howard,  110  N.  W.,  282. 

9.  Poll  book.     A  record  of  the  names  of  all  persons  voting  shall  be  kept 
by  the  secretary.     Section  2761. 

10.  By  ballot.     All  elections  by  the  people  shall  be  by  ballot.     Constitution 
of  Iowa,  article   2,  section   6.      Directors  of  subdistricts  shall   be  chosen   by 
ballot.     Section  2751.     Members  of  the  board  in  independent  districts  shall 
be  chosen   by   ballot.      Section    2754.      Director-at-large   of   school   township 
is   chosen   in   the   same   manner.      Section    2823.      All    propositions    must   be 
voted  upon  by  ballot.     Section  2749. 

11.  Form  of  ballot.      (a)    As  to  candidates.     The  ballot  should  designate 
the  term  voted  for  in  connection  with  the  name  of  the  candidate.      Section 
2746. 

(b)  As  to  propositions.  The  ballot  must  state  each  proposition  for  which 
notice  has  been  given  and  shall  provide  an  appropriate  place  in  connection 
with  each  for  the  voter  to  express  his  wish.  Section  2749.  Decisions. 
113. 

(c)  General  rule.  "It  is  a  general  rule  that  in  submitting  a  question  of 
issuing  bonds,  a  substantial  compliance  with  the  statute  is  sufficient." 
Calahan  vs.  Handsaker  et  al.,  Ill  N.  W.,  22;  Kinnie  vs.  Howard,  110  N. 
W.,  282. 

12.  Tie  vote.     A  tie  vote  shall   be  publicly  determined  by  lot  before  ad- 
journment under  the  direction  of  the  judges.     Section  2754. 

13.  Judges.     In  corporations  of  five  thousand  or  more,  the  judges  for  each 
precinct  shall  consist  of  a.  member  of  the  board  and  two  voters  of  the  pre- 
cinct (section  2756).     In  all  other  corporations   (a  subdistrict  is  not  a  cor- 
poration),  the   judges   shall   consist   of   the   president,   the   secretary   and    a 
member  of  the  board.     Sections  2746,  2756, 


SCHOOL  LAWS  OF   IOWA.  25 

14.  Failure  of  judges  to  serve.     In  case  any  judge  is  absent,  the  electors 
present  at  the  opening  of  the  polls  shall  fill  the  vacancy  from  among  their 
number.     Section  2746. 

15.  Compensation  of  judges  and  registrars.     In  corporations  of  five  thou- 
sand or  more,  persons   (not  members  of  the  board)   appointed  by  the  board 
to  serve  as  judges  and  those  appointed  as  registrars  may  receive  compensa- 
tion for  their  services.     Section  2755.     Attorney-general,  report  1904;   page 
298. 

16.  Members  receive  no  compensation  as  judges.     Section  2780. 

17.  Biennial  amendment — effect  of.    The  provisions  of  the  biennial  amend- 
ment do  not  apply  to  school  and  municipal  elections.      127   Iowa,  181. 

18.  Qualifications — electors.     See  section  2747. 
School  officers.     See  section  2748. 

19.  Powers  of  electors.     See  sections  2749,  2750,  2812-d,  2836,  2837. 

20.  Special  elections.     See  sections  2750,  2763 -a  to  2763 -c. 

21.  Regular  election.     See  sections  2749,  2754,  2755,  2756. 

22.  Term  of  director — beginning — duration.      See  section   2745. 

23.  When  qualify.     See  section  2758. 

SEC.  2747.  Electors.  To  have  the  right  to  vote  at  a  school  meeting 
a  person  must  have  the  same  qualifications  as  for  voting  at  a  genera! 
election,  and  must  be  at  the  time  an  actual  resident  of  the  corporation 
or  subdistrict.  In  any  election  hereafter  held  in  any  school  corpo- 
ration for  the  purpose  of  issuing  bonds  for  school  purposes  or  for  in- 
creasing the  tax  levy,  the  right  of  any  citizen  to  vote  shall  not  be  de- 
nied or  abridged  on  account  of  sex,  and  women  may  vote  at  such 
elections  the  same  as  men,  under  the  same  restrictions  and  qualifica- 
tions, so  far  as  applicable.  [25  G.  A.,  ch.  39.] 

NOTES:  1.  Qualification  of  electors.  To  be  entitled  to  the  rights  of 
suffrage,  a  person  must  be  a  male  citizen  of  the  United  States,  twenty-one 
years  of  age,  a  resident  of  the  state  six  months  next  preceding  the  election, 
and  of  the  county  sixty  days.  Constitution,  article  2,  section  1.  69  Iowa, 
368,  and  75  Iowa,  220.  He  must  be  a  legal  resident  of  the  corporation  or 
subdistrict,  also. 

2.  Naturalization   must   be  completed.      The   declaration   of  intention   by- 
one  who  expects  to  become  fully  naturalized,  does  not  entitle  such  person 
to  vote.     In  some  states  this  is  a  fact,  but  in  Iowa  what  is  called  second 
papers  must  be  taken  out;  that  is,  an  elector  must  be  either  a  native  born,  or  a 
naturalized  citizen,  must  be  a  male,  and  not  disfranchised  in  any  way  men- 
tioned by  the  law. 

3.  Citizen.     All  persons  born  or  naturalized  in  the  United  States  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the 
stajte  wherein  they  reside.     Constitution  United  States,  amendment  XIV.     See 
page  27,  code    1897. 

4.  Residence — voting.      The  precinct  in  which  an  unmarried  man  rooms 
and  sleeps,  rather  than  the  one  in  which  hie  takes  his  meals,  will  determine 
the  question  of  his  residence  with  respect  to  the  right  to  vote.      129  Iowa, 
122. 

5.  Residence — three  rules.      (1)    Must   have   residence   somewhere.      (2) 
Residence  established  remains  until  a  new  one  is  acquired.      (3)    Can  have 
but  one  legal  residence.     129  Iowa,  122. 

6.  Residence — the  vital  question.     The  vital  inquiry  then  in  determining 
the  residence  of  a  person  always  is,  where  is  his  home,  the  home  where  'he 
lives  and  to  which  he  intends  to  return  when  absent  or  when  sick,  or  when 
his  present  engagement  ends.     129  Iowa,  122. 

7.  Women  voting.     The  law  confers  upon  women  the  right  to  vote  upon 
only  the  matters  distinctly  mentioned.     They  may  vote  upon  propositions  to 
issue  bonds  and  levy  schoolhouse  taxes.     Kinney  v.  Howard,  110  N.  W.,  282. 

8.  Separate  ballot  box.     A  separate  ballot  box  must  toe  provided  for  the 
ballots  cast  by  women,  and  a  separate  canvass  made  of  their  votes.     Code, 
seeti«m  1131. 


26  SCHOOL  LAWS  OF  IOWA. 

9.  Registration.  Registration  is  necessary  in  s«ho«l  •orporatitns  of  five 
thousand  or  more  inhabitants.  Section  2755  and  attorney  general,  report 
1906,  page  174. 

SEC.  2748.  Officers— qualifications.  A  school  officer  or  member  of 
the  board  may  be  of  either  sex,  and  must  at  the  time  of  election  or 
appointment  be  a  citizen  and  a  resident  of  the  corporation  or  sub- 
district,  and  over  twenty-one  years  of  age,  and,  if  a  man,  he  must  be  a 
qualified  voter  of  the  corporation  or  subdistrict.  [16  G.  A.,  ch.  136.] 

NOTES:  1.  Sex  not  a  bar.  No  person  shall  be  deemed  ineligible  by  rea- 
son of  sex,  to  the  office  of  director,  secretary,  treasurer,  truant  officer  or 
county  superintendent.  Sections  2748  and  2734-b. 

2.  Residence  essential.     Only  a  resident  may  be  elected  to  a  school  office. 
Section  2748.     Removal  from  the  corporation  or  suibdistrict  creates  a  vacancy 
Section  1266,  paragraph  3. 

3.  De  facto  officers.     In  the  absence  of  any  color  of  election  or  appoint- 
ment a  party  to  be  treated  as  a  de  facto  officer  must  have  served  under  such 
circumstances   of    reputation    cr    acquiesence    as    would    induce    the    public   tc 
believe  without  inquiry  that  he  was  in  fact  such  officer.     129  Iowa,  406. 

4.  De  facto  officers — test  of  title.      See  Vette  vs.   Byington,    109   N.   W., 
1073. 

5.  Powers  of  school  officers.     School  officers   have   only  such   powers   as 
ire  conferred  by  statute  and  when  the  conditions  under  which  these  are  to 
be  exercised  are  clearly  defined  they  cannot  be  ignored.     110  Iowa,  652. 

6.  De  facto  officers — legality  of  acts.     The  acts  of  officers  acting  under 
color  of  election  or  appointment,  and  in  good  faith,  are  valid.      101   Iowa, 
382.     See  also  note  8,  section   2771. 

SEC.  2749.  Powers.  The  voters  assembled  at  the  annual  meeting 
shall  have  power: 

1.  To  direct  a  change  of  text-books  regularly  adopted; 

2.  To  direct  the  sale  or  make  other  disposition  of  any  schoolhouse 
or  site  or  other  property  belonging  to  the  corporation,   and  the  ap- 
plication to  be  made  of  the  proceeds  of  such  sale ; 

3.  To  determine  upon  added  branches  that  shall  be  taught,  but, 
instruction  in  all  branches    except    foreign    languages    shall    be    in 
English ; 

4.  To  instruct  the  board  that  school  buildings  may  or  may  not  be 
used  for  meetings  of  public  interest; 

5.  To  direct  the  transfer  of  any  surplus  in  the  schoolhouse  fund 
to  the  teachers'  or  contingent  fund; 

6.  To  authorize  the  board  to  obtain,  at  the  expense  of  the  corpora- 
tion, roads  for  proper  access  to  its  schoolhouses; 

7.  To  vote  a  schoolhouse  tax,  not  exceeding  ten  mills  on  the  dollar 
in  any  one  year,  for  the  purchase  of  grounds,  construction  of  school  - 
houses,  the  payment  of  debts  contracted  for  the  erection  of  school- 
houses,  not  including  interest  on  bonds,  procuring  libraries  for  and 
opening  roads  to  schoolhouses. 

The  board  may,  or,  upon  the  written  request  of  five  voters  of  any 
rural  independent  district,  or  of  ten  voters  of  any  school  township,  or 
of  twenty-five  voters  of  any  city  or  town  independent  district  having  a 
population  of  five  thousand  or  less,  or  of  fifty  voters  of  any  other  city 
or  town  independent  district,  shall,  provide  in  the  notice  for  the  annual 
meeting  for  submitting  any  proposition  authorized  by  law  to  the 
voters.  All  propositions  shall  be  voted  upon  by  ballot  in  substantially 


SCHOOL  LAWS   OP   IOWA,  27 

the  following  form:  "Shall  a  change  of  text-books  be  directed f"  (or 
other  question  as  the  case  may  be) ;  and  the  voter  shall  designate  his 
vote  by  writing  the  word  "yes"  or  "no"  in  an  appropriate  place  on  the 
ballot'  [21  G.  A,  ch.  131,  §  1 ;  19  G.  A.,  ch.  51 ;  18  G.  A.,  ch.  63 ;  C. 
'73,  §§  1717,  1807;  R.,  §§  2027-8,  2033;  C.  '51,  §§  1114,  1115.] 

NOTES:      1.  Additional  powers,      (a)   To  vote  on  a  proposition  for  county 
uniformity  of  textbooks.        Section  2831. 

(b)  To   authorize   the  board   to   purchase   textbooks  to  be  loaned  to  the 
pupils.     Section  2836. 

(c)  To  authorize  the  board  to  issue  school  building  bonds.  Section  2812-d. 

2.  Limitation  of  powers.     The  voters  have  only  such  powers  as  are  con- 
ferred by  the  statute,  either  expressly  or  by  reasonable  implication.     Note  4, 
section  2743.     110  Iowa,  652. 

3.  Disposition  of  school  property.     The  voters  of  any  district  wlien  as- 
sembled at  their  annual  meeting  may  direct  that  a  schoolhouse  or  the  school- 
house  grounds  not  needed  for  public  school  purposes  may  be  sold,  rented,  leased, 
or  the  use  thereof  granted,  for  any  purpose  that  will  not  interfere  with  the 
subsequent  use  or  value  of  such  schoolhouse  property  for  public  school  pur- 
poses.    Section  2749. 

4.  By  ballot.     Special  attention  is  called  to  the  fact  that  under  the  pres- 
ent law  all  propositions  before  the  electors  at  their  'annual  meeting  must  be 
voted  upon  by  ballot.     See  last  paragraph,  section  2749. 

5.  Sale  must  be  directed.     Schoolhouses  cannot  >be  sold  without  previous 
direction  of  the  voters,  but  their  action  in  voting  a  tax  for  the  erection  of  a 
new  schoolhouse  on  the  old  site  gives  the  board  authority  to  remove  the  old 
house.     Paragraph  2,  section  2749.     See  also  110  Iowa,  652. 

6.  Loaning  funds.     The  voters  lhave  no  authority  to  instruct  the  board 
to  loan  money  belonging  to  the  district,  nor  to  order  money  invested  in  gov- 
ernment bonds.     See  note  2,  ante. 

7.  Vested  right.      The  general   statement   is   that   when   an   amount   has 
been  voted  for  a  specific  purpose,  the  parties  directly  interested  thereby  acquire 
a  vested   right   in   such   money   appropriated,  of   which  they   may  not  be   de- 
prived, even  by  the  voters.     50  Iowa,  648;  100  Iowa,  317. 

8.  Transfer.     The  only  change  of  money  from  one  fund  to  another  pos- 
sible under  the  law  is  the  transfer  of  surplus  schoolhouse  funds  to  either  of 
the  other  funds.     Paragraph  5,  section  2749. 

9.  Added  branches.      If   the   voters   direct   that   any   additional   branches 
shall  be  taught  in  one  or  all  of  the  schools,  their  action  is  mandatory,  and 
the  board  is  bound  -to  endeavor  in  good  faith  to  fulfill  such  wish.    44  Iowa,  564. 

10.  Course  of  study.     The  voters  may  not  limit  nor  restrict  the   board 
to  the  adoption  of  a  course  of  study  including  only  such  branches  as  the 
voters  may  name.     Nor  may  the  voters   direct  that  a  particular  branch,   or 
certain  branches,  shall  not  be  taught.     It  is  the  province  of  the  board  to  de- 
cide what  branches  besides  those  named  by  the  voters  shall  be  included  in  the 
course  of  study  and  taught  in  the  schools.     Section  2772. 

11.  Voters  may  not  prohibit.     The  voters  >have  no  power  to  prohibit  any 
branch  being  taught,  if  introduced  by  the  board,  neither  has  the  board  power 
to  prevent  the  teaching  of  any  study  which  the  voters  have  directed  shall  be 
taught.     44  Iowa,  564.     Section  2772. 

12.  Schoolhouse  taxes.     All  schoolhouse  taxes  must  be  voted  by  the  voters 
of  the  corporation,  or  the  su'bdistrict;    this  power  cannot  be  delegated  to  the 
board.     For  exceptions  see  section  2806,  note  3;   sections  2811  and  2813. 

13.  Sum  necessary.     The  specific  sum  of  money  deemed  necessary,  and 
not  a  certain  number  of  mills  on  the  dollar,  should  be  voted,  except  when  a 
district  lies  in  two  counties.    The  per  centum  necessary  to  raise  this  sum  is  de- 
termined by  the  board  of  supervisors.     Section  2806.' 

14.  Taxes  to  be  voted  by  electors.     The  power  to  vote  schoolhouse  taxes 
for  the  purchase  of  sites,  erection  and  repair  of  schoolhouses,  and  the  pay- 
ment of  debts  contracted  therefor  belongs  exclusively  to  the  voters.     The 
sums  necessary  for  the  teachers'  and  contingent  funds  are   determined   by 
th«  board.     Amounts  necessary  t»   p«.y  oa   judgments  and   bonds   mav   be 


28  SCHOOL  LAWS  OF  IOWA. 

voted  by  the  electors  or  estimated  by  th«  board.     S«cti»ni  274S,  2166  ami 
note   3,   2813. 

15.  Compelling  board  to  act.     Failing  to  carry  out  instructions  from  this 
meeting,  the  board  may  be  compelled  by  mandamus  to  show  reason  why  the 
expressed  wish  of  <the  voters  has  not  been  complied  with.     Section  2778;  de- 
cisions, 20;  50  Iowa,  648. 

16.  Suggestive  action.     A  vote  upon  matters  which  by  the  law  are  to  be 
determined    by   the   board,    is   not   binding   upon    the  'board,   but   is   only   sug- 
gestive.    In  such  matters,  the  board  will  still  be  left  free  to  exercise  the  dis- 
cretion vested  in  it  b.>    Oie  law.     Note  4,  section  2743. 

17.  Notice  necessary.     In  order  that  action  may  be  taken  at  the  annual 
meeting  of  the  school   corporation,   it  is   essential  that  notice  shall  be  given, 
as   provided    in    section    2746,    that    such    a   matter    will    be    presented    at   the 
meeting.     When  assembled,  the  voters  have  power  to  act  only  upon  such  of  the 
powers   conferred   as  have   been    incorporated    in   the   notice   for   the   meeting. 
Section  2746;  118  Iowa,  207;  decisions,  113. 

18.  Subdistricts   claim.      A   subdistrict   has   no   legal   claim   upon    school- 
house  property,  although  in  equity  a  tax  voted  to  build  in  a  certain  subdistrict 
must  be  expended  as  voted,  and  when  a  schoolhouse  has  been  built  or  repaired 
from   schoolhouse   funds   raised   upon   that   subdistrict   alone,    even   the   voters 
should  recognize  the   vested   right  of  the  subdistrict  to   retain   such   property 
and  to  enjoy  its  use.     50  Iowa,  648. 

19.  Removal  from  subdistrict.     If  it  is  desired  to  move  the  schoolhouse 
out  of  the  subdistrict  the  voters  of  the  school  township  must  first  so  order'  at 
the  annual  meeting.     Decisions,  15;  paragraph  2,  section  2749. 

20.  Jurisdiction  of  court.     It  is  the  exclusive  province  of  the  courts  to 
determine   questions   with  relation   to    any   vote  at  a  school  meeting,  or  with 
relation   to  the   choice  of  members  of  the  board  or  of   officers  of  the  board. 
Notes  10  to  13  inclusive,  to  section  2758.     129  Iowa,  441. 

21.  Roads.      See  sections   2815,   2750,   2773. 

22.  Text-books — change  of.     Sections  2749,  2829. 

23.  Original   indebtedness.      Original    indebtedness    may    not    be    created 
except  by  vote  of  the  electors.      Section  2823. 

24.  Limit  of  indebtedness.     See  section  1306-b,  and  section  2820-a,  follow- 
ing section  2812-f. 

SEC.  2750.  Special  meeting.  The  board  of  directors  may  call  a  spe- 
cial meeting  of  the  voters  of  any  school  corporation  by  giving  notice 
in  the  same  manner  as  for  the  annual  meeting,  which  shall  have  the 
powers  given  to  a  regular  meeting  with  'reference  to  the  sale  of  school 
property  and  the  application  to  be  made  of  the  proceeds,  and  to  vote  a 
schoolhouse  tax  for  the  purchase  of  a  site  and  the  construction  of  a 
necessary  schoolhouse,  and  for  obtaining  roads  thereto.  [28  G.  A., 
ch.  104-/24  G.  A.,  ch.  21;  18  G.  A.,  ch.  84.] 

NOTES:  1.  Additional  powers.  To  authorize  the  board  of  directors  to 
issue  school  building  bonds.  Section  2812-d. 

2.  Additional  indebtedness.     Bonds  may  be  voted   under  section   2820-a 
to  2820-e  only  at  a  special  meeting  called  for  that  purpose. 

3.  Number  of  special  meetings.     The  law  does  not  limit  the  number  of 
special  meetings  that  may  be  called.     Section  2750. 

4.  Petition  may  not  be  ignored.     When  petitioned  to  call  a  special  elec- 
tion  for  the   submission  of   any   proposition   that  may   come   before   a   special 
meeting,  the  board  may  not  ignore  the  petition.     See  decisions,  93. 

SEC.  2751  Subdistrict  meeting.  The  meeting  of  the  voters  of  each 
subdistrict  of  a  school  township  shall  be  held  annually  on  the  first 
Monday  in  March,  and  shall  not  organize  earlier  than  nine  o'clock 
a.  m.,  nor  adjourn  before  twelve  o'clock  m.  Notice  in  writing  of  the 
time  and  place  of  such  meeting  and  the  amount  of  schoolhouse  tax  to 


SCHOOL  LAWS  OP  IOWA.  23 

be  voted  shall  be  given  by  its  director,  or  if  there  is  none  by  the  school 
township  secretary,  by  posting  in  three  public  places  in  the  subdistrict 
for  five  days  next  preceding  the  same.  The  voters  shall  select  a  chair- 
man and  secretary  of  the  meeting  who  shall  act  as  judges  of  election, 
and  shall  also  elect  a  director  for  the  subdistrict  by  ballot.  The  vote 
shall  be  canvassed  by  the  judges  of  election,  and  the  person  receiving 
the  highest  vote  shall  be  declared  elected.  [22  G.  A.,  ch.  51 ;  18  G.  A., 
ch.  7,  §  1;  C.  '73,  §§  1718-19,  1789;  R.,  §§  2030-1;  C.  '51,  §  1111.] 

NOTES:  1.  Purpose  of  the  law.  The  object  is  to  prevent  a  few  design- 
ing persons  from  meeting  at  an  unusual  hour,  dispatching  the  business  with 
unseemly  haste,  and  adjourning  before  many  of  the  electors  arrive.  The 
meeting  should  be  conducted  with  entire  fairness,  and  an  opportunity  given 
for  an  expression  of  the  real  sentiment  of  the  subdistrict. 

2.  Notice.     At   least   five   days'   notice   shall    be   given    by   posting   in   at 
least  three  places  in  the  district.     Section  2751.     If  a  special  schoolhouse  tax 
is  to   be  voted   on   the  property   of  the   subdistrict,   ten   days'   notice   must  be 
given.     Section  2753.     In  case  there  is  no  director  the  above  notice  must  be 
given   by  the  secretary  of  the  school  township.     The  notice  should   designate 
the  hour  of  meeting,  which  cannot  be  earlier  than  9  o'clock  A.M.,  and  the  hour 
of  closing,  which  shall  not  be  later  than  12  M.     Section  2751;  form  11. 

3.  Duration  of  meeting.     While  this   section   does  not  in   terms  specify 
the    length    of    time    during    which    a    subdistrict    meeting    should    remain    in 
session,   section   2754    provides   that   in    rural    independent   districts   the   polls 
must  remain  open  not  less  than  two  hours.     For  obvious  reasons  a  subdistrict 
meeting  should   continue   in   session   at  least  the   same   length  of  time.     The 
voters  of  the  subdistrict  should  be  given  a  reasonable  opportunity  to  partici- 
pate in  the  meeting.     37  Iowa,  131;  39  Iowa,  380. 

4.  In  case  of  controversy.     If  subdistrict  boundaries  are  in  controversy 
by  way  of  appeal,  the  election  for  directors  should  be  made  on  the  basis  of 
the  status  of  the  subdistricts  on  the  day  of  election. 

5.  Organization.     A  chairman  and  secretary  shall  be  chosen  from  among 
the  voters  present.     Section  2751. 

6.  Judges  not  qualify.     The  chairman  and  the  secretary  are  not  required 
to  qualify. 

7.  Judges'  vote.     A  judge  of  election  is  entitled  to  his  vote  the  same  as 
any  other  elector. 

8.  Who  may  not  vote.     No  minor,  non-resident,  nor  alien  can  take  part  in 
PL  meeting  of  voters.     Section  2747. 

9.  No  caucus.     If  the  voters  desire  to  hold  a  caucus,  it  should  be  done 
before  the  subdistrict  meeting  is  called  to  order.     After  organization  but  one 
lawful  ballot  can  be  taken. 

10.  Tie  vote.     A  tie  vote  for  any  elective  school  office  shall  be  publicly 
determined  by  lot  forthwith,  under  the  direction  of  the  judges.     Section  2754. 
This  applies  to  all  school  elections.     If  more  than  two  persons  have  each  an 
equal  number  of  votes,  the  same  rule  will  apply.     No  second  ballot  may  be 
taken. 

11.  One  ballot.     Only  one  ballot  may  be  taken  for  the  election  of  director, 
and  the  person  receiving  the  greatest  number  of  votes  is  elected,  even  though 
he  has  not  received  a  majority  of  all  the  votes  cast.     Section  2751. 

12.  Eligibility.     A  member  or  officer  of  the  'board  must  have  the  qualifica- 
tions of  an  elector,  if  a  male,  but  no  person  is  ineligible  to  any  school  office 
by  reason  of  sex.     Section  2748. 

13.  Special  schoolhouse  tax.     The  subdistrict  may  vote  a  tax  for  school- 
house  purposes  and  the  secretary  of  the  subdistrict  meeting  shall  certify  the 
same  to  the  secretary  of  the  school  township  who  shall  certify  it  to  the  board 
of  supervisors.     Section  2753;  form  12. 

14.  A  vote  of  the  subdistrict  not  notice.     A  vote  of  the  electors  at  a  sub- 
district  meeting  is  not  legal  notice  that  such  proposition  will  come  before  the 
electors  at  the  school  township  meeting  as  contemplated  in  sections  2746  and 
2749, 


30  SCHOOL  LAWB  OF  IOWA. 

15.  Tax   provision   legal.     The   provision  irith   reference   to   tax««   voted 
by  electors  of  subdistricts  for  schoolhouse  purposes,  held,  to  give  implied 
authority  to  vote  such  taxes,  although  the  power  was  not  elsewhere  expressly 
conferred.     69  Iowa,  533. 

16.  Term   of  director  of  subdistrict — beginning — duration.      See   section 
2745  and  2757. 

1 7 .  When  to  qualify.     See  section  2758. 

18.  Special  subdistrict  meeting.     See  section  2753. 

19.  Funds — classification  of.     See  section  2768. 

20.  Electors — qualifications   of.      See   section    2747. 

21.  Subdistrict  lines — voting — taxes.        Subdistrict  lines   determine   who 
may  vote  at  a  subdistrict  meeting  and  also  fixes  the  limit  of  taxation,  when  a 
schoolhouse  tax  is  voted  upon  the  subdistrict.     Sections  2747,  2753. 

SEC.  2752 — Number  of  directors.  The  board  of  directors  of  a  school 
township  shall  be  composed  of  one  director  from  each  subdistrict.  But 
when  there  is  an  even  number  of  subdistricts  another  director  shall  be 
elected  at  large  by  all  the  voters  of  the  school  township.  When  the 
school  township  is  not  divided  into  subdistricts,  a  board  of  three  di- 
rectors shall  be  elected  at  large,  on  the  second  Monday  in  March,  by 
all  the  voters  of  the  school  township.  [27  G.  A.,  ch.  92 ;  15  G.  A.,  ch. 
27;  C.  '73,  §§  1720-1;  R.,  §§  2031,  2035,  2075-6;  C.  '51,  §§  1112,  1721.] 

NOTES:  1.  Number  of  members.  The  board  of  a  school  township  cannot 
consist  of  less  than  three  members.  Wihen  there  is  an  even  number  of 
subdistricts  one  director  at  large  must  be  elected  on  the  second  Monday  of 
March  by  all  the  voters  of  the  school  township. 

2.  Power   of   director-at-large.      The    director-at-large   has    the    right    to 
vote  upon  all  questions  before  the  board  the  same  as  any  other  member. 

3.  Independent  district  townships.     In  school  townships  that  organized  as 
independent   district   townships   under    section    1814,    code   of   1873,   the   board 
consists  of  five  members.     See  section  1814,  code  of  1873,  chapter  27,  fifteenth 
general  assembly,  and  section  2754. 

4.  Other  corporations — number  of  directors.     See  section  2754. 

SEC.  2753.  Special  schoolhouse  tax.  At  the  annual  subdistrict  meet- 
ing, or  at  a  special  meeting  called  for  that  purpose,  the  voters  may  vote 
to  raise  a  greater  amount  of  schoolhouse  tax  than  that  voted  by  the 
voters  of  the  school  township,  ten  days'  previous  notice  having  been 
given,  but  the  amount  so  voted,  including  the  amount  voted  by  the 
school  township,  shall  not  exceed  in  the  aggregate  the  sum  of  fifteen 
mills  on  the  dollar.  The  sum  thus  voted  shall  be  certified  forthwith 
by  the  secretary  of  said  subdistrict  meeting  to  the  secretary  of  the 
school  township,  and  shall  be  levied  by  the  board  of  supervisors  only 
on  the  property  within  the  subdistrict.  [C.  '73,  §  1778;  E.,  §§  2033-4, 
2037,  2088.] 

NOTES:  1.  Tax  certified.  The  vote  should  be  certified  to  the  secretary 
of  the  school  towns'hip  forthwith.  Forms  12  and  14. 

2.  Vote  of  subdistrict  meeting  not  notice.     A  vote  of  the  subdistrict  meet- 
ing is  not  legal  notice  that  such  proposition  will  come  before  the  electors  at 
the  school  township  meeting  as  contemplated  in  sections  2746  and  2749.     118 
Iowa,  207. 

3.  Levy  of  subdistrict  tax.     Taxes  voted   at  a  subdistrict  meeting  shall 
be  levied  only  on  the  property  in  the  subdistrict.  Section  2573.     Such  action 
is  not  notice  that  the  proposition  will  be  submitted  at  the  regular  meeting. 
Sections  2746  and  2749;   see  note  14,  section  2751. 

4.  Other  meetings.     Regular  subdiistriot  meeting,  section  2751;    regular 
meeting  of  corporation,  sections  2746,  2749,  2754,  2755,  2756;  special  meet- 
ing of  corporation,  section  2750. 


SCHOOL  LAWS   OF   IOWA.  31 

SEC.  2754  Elections  in  independent  districts — tie  vote.  At  the  an- 
nual meeting  in  all  independent  districts  members  of  the  board  shall 
be  chosen  by  ballot.  In  any  district  including  all  or  part  of  a  city  of 
the  first  class,  or  a  city  under  special  charter,  the  board  shall  consist  of 
seven  members,  three  of  whom  shall  be  chosen  on  the  second  Monday 
in  March,  1898,  two  on  the  second  Monday  in  March,  1899,  and  two 
on  the  second  Monday  in  March,  1900.  In  all  other  independent  city, 
town  or  village  districts,  and  in  all  rural  independent  districts  where 
the  board  now  consists  of  six  members,  the  board  shall  consist  of  five 
members,  one  of  whom  shall  be  chosen  on  the  second  Monday  in  March, 
1898,  two  on  the  second  Monday  in  March,  1899,  and  two  on  the  second 
Monday  in  March,  1900.  In  all  independent  city,  town,  or  village  dis- 
tricts where  the  board  now  consists  of  three  members  such  board  shall 
hereafter  consist  of  five  members,  three  of  whom  shall  be  elected  on 
the  second  Monday  in  March,  1898,  one  for  one  year,  one  for  two 
years,  and  one  for  three  years.  In  all  other  rural  independent  districts 
the  board  shall  consist  of  three  members,  one  of  whom  shall  be  chosen 
on  the  second  Monday  in  March,  1898,  and  one  each  year  thereafter. 
In  districts  composed  in  whole  or  in  part  of  cities  or  towns,  a  treas- 
urer shall  be  chosen  in  like  manner,  whose  term  shall  begin  on  the 
first  day  of  July,  unless  that  date  falls  on  Sunday,  in  which  case,  on 
the  day  following,  and  continue  for  two  years,  or  until  his  successor 
is  elected  and  qualified.-  The  term  of  office  of  the  incumbent  treas- 
urer in  said  districts  shall  expire  on  the  third  Monday  in  March,  1898. 
In  such  districts  the  polls  must  remain  open  not  less  than  five  hours, 
and  in  rural  independent  districts  and  school  townships  not  less  than 
two  hours.  In  each  case  the  polls  shall  open  at  one  o'clock  p.  m.,  ex- 
cept as  provided  in  section  twenty-seven  hundred  and  fifty-six  of  this 
chapter.  A  tie  vote  for  any  elective  school  oifice  shall  be  publicly 
determined  by  lot  forthwith,  under  the  direction  of  the  judges.  [31 
G.  A.,  ch.  136,  §  2;  27  G.  A.,  ch.  91,  93;  22  G.  A.,  ch.  51;  18  G.  A.,  ch. 
7,  §  2;  C.  '73,  §§  1789,  1808.] 

NOTES:  1.  No  change  of  date.  Any  election  by  the  people  -must  be  held 
on  •the  day  designated,  and  can  neither  be  postponed  nor  adjourned  to  an- 
other day,  and  the  officers  voted  for  by  the  people  must  be  elected  by  a  single 
ballot. 

2.  Caucus — informal  ballot.     The   practice  of  taking  an  informal   ballot 
for  the  purpose  of  placing  persons  in  nomination  may  render  the  election 
illegal.     Such  nomination  should  be  made  outside  the  meeting,  or  at  least 
before  the  meeting  is  organized. 

3.  Form  of  ballot.     In  all  cases,  the  ballot  should  state  the  term  voted 
for,  in  conection  with  the  name  of  the  person.     It  should  state  all  propositions 
to  be  voted  upon.     Sections  2746  and  2749. 

4.  Vacancies.      All   vacancies   should   also   be   filled   by   election,   and   the 
ballot   should   designate    the   vacancy    to    be   filled,    and   the   person    so    elected 
holds  for  'the  remainder  of  the  unexpired  term.      Sections   2758   and   2771. 

5.  Membership   of   boards.      All    districts    comprising   cities   of    the    first- 
class    and    those    under    special    charter    have    seven    directors.      In    all    other 
city,  town  or  village  districts,  and  in  the  rural  independent  districts  which 
formerly   had   six   members   the   board   now  consists   of  five  members.     In  all 
other  rural   independent  districts  the  board  consists  of  three  members.     Sec- 
tion 2754.      For  school  townships,  see  section  2752. 

6.  Treasurer.     In   districts   composed   in    whole   or   in    part   of    cities  or 
towns,    the   treasurer   must   be    elected    by    the    people    for    the    term    of    two 


32  SCHOOL    LAWS  TOF  .IOWA. 

years.  This  does  not  apply  to  village  districts.  In  these  and  in  all  other  dis- 
tricts, except  those  specified  above,  this  officer  is  elected  by  the  board.  Section. 
2754  and  2757. 

7.  Tie  vote.     A  tie  vote  for  any  elective  school  office  must  be  publicly 
determined  by  lot  forthwith,  under  the  direction  of  the  judges.     This  applies 
to  all  school  elections.     If  more  than  two  persons  have  each  an  equal  number 
of  votes,  the  same  rule  will  apply.     No  second  ballot  may  be  taken.     Section 
2754. 

8.  Polls  open.     In  corporations  of  five  thousand  or  more,  the  polls  shall 
open  at  nine  o'clock  a.  m.    (section  2756),  and  in  all  other  corporations  at 
one  p.m.     Sections  2754  and  2756. 

9.  Polls  close.     In  corporations  of  five  thousand  or  more,  the  polls  shall 
not  close  earlier  than  seven  o'clock  p.m.  (section  2756) ;  in  other  Independent 
city,  town  or  village  districts  they  shall  remain  open  at  least  five  hours;   and 
in    rural    independent    districts    and    school    townships,    two    hours.      Sections 
2754  and  2756. 

10.  Judges.      In  corporations   of   five   thousand  or   more,   the  judges   for 
each  precinct  shall  consist  of  a  member  of  the  board  and  two  voters  of  the 
precinct    (section  2756);    in  all  other  corporations  the  judges  shall  consist  of 
the  president,  the  secretary  and  one  member  of  the  board.  In  case  any  judge 
is  absent,  the  electors  present  at  the  time  the  polls  open  shall  fill  the  vacancy. 
Sections  2754  and  2756. 

11.  Qualifications  of  electors.      See  section   2747. 

12.  Regular  meeting — notice,  etc.     See  section  2746. 

13.  Powers  of  electors.     See  sections  2749  and  2750. 

14.  Special  election.      See  section  2750. 

SEC.  2755.  Election  precincts — register  of  voters — notice.  Each 
school  corporation  having  five  thousand  or  more  inhabitants  may  be 
divided  into  such  number  of  precincts  as  the  board  of  directors  shall 
determine,  in  each  of  which  a  poll  shall  be  held  at  a  convenient  place, 
fixed  by  the  board  of  directors,  for  the  reception  of  the  ballots  of 
voters  residing  in  such  precinct.  A  separate  register  of  the 
voters  of  each  precinct  shall  be  prepared  by  the  board  from  the  register 
of  the  electors  of  any  city  included  within  such  school  corporation, 
and  for  that  purpose  a  copy  of  such  register  of  electors  shall  be  fur- 
nished by  the  clerk  of  the  city  to  the  board  of  directors.  Before  each 
annual  meeting  these  registers  shall  be  revised  and  corrected  by  com- 
parison with  the  last  register  of  elections  of  such  cities,  and  shall  have 
the  same  force  and  effect  at  school  meetings  held  under  this  section, 
in  respect  to  the  reception  of  votes  thereat,  as  the  register  of  election 
has  by  law  at  general  elections.  The  board  of  directors  of  such  school 
corporation,  on  or  before  the  last  Monday  preceding  such  election  shall 
appoint  two  suitable  persons  to  be  registrars  in  each  of  the  election  pre- 
cincts of  such  school  corporation  for  the  registration  of  voters  therein, 
who  shall  have  the  same  qualifications  as  registrars  appointed  for  gen- 
eral elections  and  shall  qualify  in  the  same  manner,  and  receive  the 
same  compensation  to  be  paid  by  the  school  corporation.  The  regis- 
trars shall  meet  on  the  day  of  election  at  the  voting  place  in  the  pre- 
cinct in  which  they  have  been  appointed  and  shall  hold  continuous 
session  from  nine  o'clock  in  the  forenoon  until  seven  o'clock  in  the 
afternoon.  Any  person  claiming  to  be  a  voter,  and  who  is  not  already 
registered  in  the  proper  precinct,  may  appear  before  them  in  the 
election  precinct  where  he  claims  he  is  entitled  to  vote  and  make  and 
subscribe  under  oath  a  statement  in  the  registry  book,  which  oath  and 
statement  shall  be  of  the  same  general  character  as  that  prescribed 


SCHOOL  LAWS   OF   IOWA.  33 

by  section  one  thousand  and  seventy-seven  (1077)  of  the  code,  and 
shall  thereupon  be  granted  a  certificate  of  registration.  Nothing  in 
this  section  shall  be  construed  to  prohibit  women  from  voting  at  all 
elections  at  which  they  are  entitled  to  vote.  The  secretary  must  post 
a.  notice  of  the  meeting  in  a  public  place  in  each  precinct  at  least  ten 
days  before  the  meeting,  and  by  publication  once  each  week  for  two 
consecutive  weeks  preceding  the  same  in  some  newspaper  published  in 
the  corporation,  such  notice  to  state  the  time,  respective  voting  pre- 
cincts and  the  polling  place  in  each  precinct,  and  also  to  specify  what 
questions  authorized  by  law,  in  addition  to  the  election  of  director  or 
directors,  shall  be  voted  upon  and  determined  by  the  voters  of  the 
several  precincts.  [31  G.  A.,  ch.  9,  §  3;  29  G.  A.,  ch.  125;  28  G.  A.,  ch. 
105;  18  G.  A.,  ch.  8,  §§  1-4.] 

NOTES:  1.  Registration  mandatory.  Registration  is  required  in  school 
corporations  having  five  thousand  or  more  inhabitants.  Attorney-general, 
1904,  page  298;  1906,  page  174. 

2.  Registrars — compensation.     Registrars  and  judges  of  election  who  are 
not  members  of  the  board  may  receive  compensation  for  their  services.    Section 
2755  and  attorney-general,  1904,  page  298. 

3.  Compensation  of  directors.      Members   of  the  board   may  not  receive 
compensation  as  judges  of  election.     Section  2780. 

4.  Conducting  election — notices— duration.     In  cities  of  five  thousand  or 
more   see    section    2756.      In   other   corporations,    sections    2746    and    2754.      In 
subdistricts,  section  2751. 

SEC.  2756.  Conduct  of  elections.  As  judges  of  the  election  referred 
to  in  the  preceding  section,  the  board  shall  appoint  one  of  its  number 
and  two  voters  uf  the  precinct,  one  of  whom  shall  act  as  clerk,  who 
shall  be  sworn  as  provided  in  case  of  a  general  election.  If  any  person 
so  appointed  failb  to  attend,  the  judge  or  judges  attending  shall  fill  the 
place  by  the  appointment  of  any  voter  present,  and  like  action  shall 
follow  a  refusal  to  serve  or  to  be  sworn.  Should  all  of  the  appointees 
fail  to  attend,  then-  places  shall  be  filled  by  the  voters  from  those  in 
attendance.  The  board  shall  provide  the  necessary  ballot  box  and  poll- 
book  for  each  precinct,  and  the  judges  shall  make  and  certify  a  return 
to  the  secretary  of  the  corporation  of  the  canvass  of  the  votes  for  office 
and  upon  each  question  submitted.  On  the  next  Monday  after  the 
meeting  the  board  shall  canvass  the  returns  made  to  the  secretary, 
ascertain  the  result  of  the  voting  with  regard  to  every  matter  voted 
upon,  declare  the  same,  cause  a  record  to  be  made  thereof,  and  at  once 
issue  a  certificate  to  each  person  elected.  At  all  meetings  held  under 
this  and  the  next  preceding  section,  the  polls  shall  be  kept  open  from 
nine  o'clock  a.  m.  until  seven  o'clock  p.  m.  [Same,  §§  5,  6.] 

NOTE:  1.  Compensation  of  judges.  Judges  w>ho  are  not  members  of  the 
board  may  receive  compensation.  Attorney-general,  1904,  page  298. 

2.  Polls.  Open  at  9  o'clock  a.  m.;  remain  open  until  7  o'clock  p.  m.  Sec- 
tion 2756.  For  other  corporations,  see  section  2754.  For  subdistricts,  section 
2751. 

BOARD    OF    DIRECTORS— ORGANIZATION— OFFICERS— POWERS. 

SEC.  2757.  Meetings  of  directors — election  of  officers.  The  board  of 
directors  of  all  independent  city,  town  and  village  corporations  shall 


34  SCHOOL    LAWS     OF   IOWA. 

organize  on  the  third  Monday  in  March,  and  those  of  all  other  school 
corporations  on  the  first  day  of  July,  unless  that  date  falls  on  Sunday, 
in  which  case  on  the  day  following.  Such  organization  shall  be  effected 
by  the  election  of  a  president  from  the  members  of  the  board,  who 
shall  be  entitled  to-  vote  as  a  member.  Such  special  meetings  may  be 
held  as  may  be  determined  by  the  board,  or  called  by  the  president, 
or  by  the  secretary  upon  the  written  request  of  a  majority  of  the 
members  of  the  board,  upon  notice  specifying  the  time  and  place, 
delivered  to  each  member  in  person,  but  attendance  shall  be  a  waiver 
of  notice.  Such  meetings  shall  be  held  at  any  place  within  the  civil 
township  in  which  the  corporation  is  situated. 

On  the  first  day  of  July,  unless  that  date  falls  on  Sunday,  in  which 
case  on  the  day  following,  the  board  of  all  independent  city,  town 
and  village  corporations  and  the  retiring  board  in  all  other  school 
corporations  shall  meet,  examine  the  books  of,  and  settle  with  the 
secretary  and  treasurer  for  the  year  ending  on  the  thirtieth  day  of 
June  preceding,  and  for  the  transaction  of  such  other  business  as  may 
properly  come  before  it.  On  the  same  day  the  board  of  each  inde- 
pendent city,  town  and  village  corporation,  except  as  provided  in  sec- 
tion twenty-seven  hundred  fifty-four  (2754)  of  this  chapter,  and  the 
new  board  of  every  other  school  corporation,  shall  elect  from  outside 
the  board  a  secretary  and  treasurer,  but  in  independent  districts  no 
teacher  or  other  employee  of  the  board  shall  be  eligible  as  secretary. 
All  officers  shall  be  elected  by  ballot  and  the  vote  shall  be  recorded 
by  the  secretary.  Should  the  secretary  or  treasurer  fail  to  report  as 
provided  in  sections  twenty -seven  hundred  sixty-five  (2765)  and  twen- 
ty-seven hundred  sixty-nine  (2769)  of  this  chapter,  it  shall  be  the 
duty  of  the  new  board  to  take  any  action  necessary  to  secure  a  proper 
settlement. 

NOTES:  1.  Settlement.  It  is  suggested  that  the  retiring  board  in  all 
rural  corporations  meet  in  the  morning  of  the  day  for  the  July  meeting  to 
settle  with  the  secretary  and  treasurer  and  to  close  up  the  business  for  the 
year.  It  will  be  necessary  for  the  retiring  board  to  complete  its  business  in 
time  for  the  new  board  to  organize  and  transact  its  business. 

2.  Organization.     The  new  board  should  organize  immediately  thereafter, 
elect  successors  to  the  retiring  secretary  and  treasurer  and   transact  such 
other  business  as  may  come  before  it. 

3.  Adjourned  Meeting.     If  a  quorum  be  not  present,  the  members  present 
should    effect    a    temporary    organization    (section    2772)    and    appoint    a    date 
and  place  for  an  adjourned  meeting,  at  which  time  a  permanent  organization 
may  be  effected  and  the  business  of  the  annual  meeting  completed.    75  Iowa,  196. 

4.  President  must  qualify.     The  director  chosen  as  president  must  qualify 
before   assuming   the   duties   of   that   office.     Constitution   of   Iowa,   section   5, 
article  11. 

5.  Special  meetings — notice  of.      If  the  president  is  unwilling  to  call  a 
special  meeting  in  compliance  with  a  request  from  members,  then  a  majority 
of  the  board  may  cause  a  notice  of  the  meeting  to  be  given  by  the  secretary, 
signed  by  the  members  who  desire  to  have  the  meeting  called,  which  written 
notice  should  be  by  the  secretary  handed  to  each  member  of  the  board  and 
to  the  president.     Section  2757. 

6.  Notice — time  of.     As  the  law  is  silent  with  regard  to  the  length  of 
time  notice  should  be  given  before  the  time  of  meeting,  it  is  taken  for  granted 
the  law  intends  that  a  reasonable  notice  as  to  the  time  shall  be  given.     What 
such  reasonable  notice   is  must  be  determined   for  each   locality  by  the  con- 
ditions. 


SCHOOL  LAWS  OF   IOWA.  35 

7.  Neglect  of  duty.     If  a  school  officer  habitually  or  wilfully  neglects  his 
duty,  and  the  public  good  suffers  by  such  negligence,  a  court  may  compel  him 
to  attend  to  the  necessary  duties  of  his  office.     50  Iowa,  648.     Section  2822. 

8.  Place  of  meeting.     This   section   authorizes  boards   to   hold   meetings 
in  any  district  within  the  same  civil  township. 

9.  Day  of  meeting.    There  is  no  provision  of  law  that  will  prevent  a  board 
from  transacting  business  upon  any  day  except  Sunday.     9 

10.  Failure  to  elect  officers.      If  the  board  fails  to  elect  a  president,  a 
secretary,  or  treasurer,  in  districts  where  such  officer  is  elected  by  the  board, 
upon  the  day  fixed  by  law  or  at  a  meeting  adjourned  from  that  day  to  a  day 
certain,  then  the  incumbent  may  qualify  anew  and  hold  the  offce  for  another 
year.     75  Iowa,  196.     But  in  order  that  a  president  may  thus  hold  over,  his 
term  as  a  member  of  the  board  must  also  continue.     Section  2757. 

11.  Hold  but  one  office.     No  person  may  hold  two  offices  of  the  board  at 
the  same  time. 

12.  May  not  be  compelled  to  qualify.     No  one  may  be  compelled  to  qualify 
as  a  member  or  officer  of  the  board. 

13.  Duties  must  be  performed.     Any  duty  imposed  upon  the  board  as  a 
body  must  be  performed  at  a  regular  or  special  meeting,  and  made  a  matter 
of  record.     47  Iowa,  11. 

14.  Consent  of  individual  members.     The  consent  of  the  board  to  any 
particular    measure,    obtained    of    individual    members    when    not    in    session, 
is  not  the  act  of  the  board,  and  is  not  binding  upon  the  district.     67  Iowa,  164. 

15.  Receive    reports    of   committees.      The    board    may    receive    and    act 
upon  communications  from  persons  selected  outside  the  board  to  report  upon 
matters  referred  to  such  persons  as  a  committee. 

16.  Power  may  not  be  delegated.     An  official  trust  cannot  be  delegated. 
Neither  the  board  nor  any  member  may  appoint  a  substitute  to  perform  the 
official   duties  of  a  member   or  of  the  board,   but  the   board   may   appoint   a 
committee  of  its  number  with  power  to  act  for  the  board  in  a  given  case. 

17.  Adjourned  meetings  authorized.     Where  the  law  requires  a  certain 
duty  to  be  performed  by  the  board  upon  a  fixed  day,  and  does  not  expressly 
forbid  its  performance  later  than  the  date  mentioned  in  the  law,  as  for  instance 
the  election  of  a  secretary  and  a  treasurer,  an  adjournment  of  the  meeting  to 
another  fixed  date  will  allow  the  transaction  of  the  business  directed  to  be  done 
on  the  day  of  the  regular  meeting.     75  Iowa,  196. 

18.  Director  ineligible  as  secretary  or  treasurer.     A  director  is  ineligible 
to  the  office  of  se^rftary  or  treasurer  so  long  as  he  remains  a  member  of  the 
board.     Section  2757. 

19.  Presumption  of  regularity.     In  the  absence  of  proof,  it  will  be  pre- 
sumed on  appeal,  that  the  proceedings    (of  school  officers;    were  regular  and 
the  grounds  sufficient.     109  Iowa.  169. 

20.  Rules  and  regulations.     The  board  should  adopt  necessary  rules  and 
regulations  to  govern  the  members  thereof  in  their  deliberations.     This  is 
necessary  in   order  that  business   may  be  conducted   legally   and   with   dis- 
patch.    Section  2772. 

21.  Order   of   business.      To   further   expedite   business,   a   board    should 
adopt  and  follow  an  "order  of  business."     The  following  is  suggested  and 
may  be  changed  to  suit  the  needs  of  the  board:      1.   Call  to  order.     2.  Roll 
call — to  determine  that  a  quorum  is  present.     3.  Reading  minutes  of  previ- 
ous  meeting.      4.  Reports   of   standing   committees.      5.  Reports   of   special 
committees.      6.   Communications     and     petitions.      7.  Auditing     claims.      8. 
Unfinished  business.      9.  New  business.      10.  Adjourn. 

SEC.  2758.  Qualification  of  directors — vacancies.  Any  member  of 
the  board  may  administer  the  oath  of  qualification  to  any  member 
elect,  and  to  the  president  of  the  board.  Each  director  elected  in 
March,  1906,  or  at  any  regular  election  thereafter,  shall  qualify  on 
or  before  the  date  for  the  organization  of  the  board  of  the  corporation 
in  which  he  was  elected  by  taking  an  oath  to  support  the  constitution 
of  the  United  States  and  that  of  the  state  of  Iowa,  and  that  he  will 


36  SCHOOL   LAWS   OF   IOWA. 

faithfully  discharge  the  duties  of  his  office;  and  shall  hold  the  office 
for  the  term  to  which  he  is  elected,  and  until  a  successor  is  elected 
and  qualified.  In  cas»c  of  a  vacancy,  the  office  shall  be  filled  by  ap- 
pointment by  the  board  until  the  next  annual  meeting.  In  all  rural 
school  corporations,  the  term  of  office  of  directors  whose  terms  expire 
on  the  third  Monday  in  March,  1906,  is  hereby  extended  to  July  1, 
1906.  [31  G.  A.,  ch.  137;  C.  73,  §§  1752,  1790;  B.,  §§  2032,  2079;  C. 
'51,  §§.1113,  1120.] 

NOTES:  1.  Oath — who  may  administer.  Any  school  director  is  author- 
ized to  administer  to  a  school  director  elect  the  official  oath  required  by  law, 
but  the  secretary  cannot  administer  this  oath  unless  he  is  one  of  the  many 
officers  empowered  by  law  to  administer  oaths. 

2.  Oath — when  director  may  take.     A  director-elect  may  take  the  oath 
of  qualification  at  any  time  between  the  day  of  election  and  the  close  of  the  day 
for  organization  of  the  board.     53  Iowa,  687;  101  Iowa,  382.     Section  2758. 
A  person  appointed  as  a  member  of  the  board  is  required  to  qualify  within  ten 
days.     Code,  section  1275. 

3.  Hold  over.     In  case  a  director-elect  fails  to  qualify  by  the  close  of  the 
day  for  the  organization  of  the  board,  the  incumbent  may  continue  in  office 
until  the  next  regular  election,  but,  in  order  to  do  so,  he  must  qualify  anew 
within  ten  days  from  that  time.     Code,  sections  1265  and  1275. 

4.  Failure  to  qualify.     If  a  person  who  is  elected  as  'his  own  successor 
fails  to  qualify  on  or  before  the  day  for  the  organization  of  the  board,  a  vacancy 
exists  which  should  be  filled  by  appointment.     Code,  section  1266. 

5.  Failure   to  appear.      Failure  to   appear   at   the   meeting  of  the   board 
on  the  day  /or  its  organization  will  not  prevent  a  qualification  being  valid  if 
the  member-elect  takes  the  oath  of  office  before  the  close  of  that  day. 

6.  Time  directors  serve.     A  director  continues  in  office  until  a  successor 
is  elected  and  qualified,  whether  chosen  by  the  electors  or  appointed  by  the 
board.     Section  1276. 

7.  Term.    (1)    Beginning.        The    term    of    director    in    independent   city, 
town  and  village  corporations  begins  the  third  Monday  of  March,  and  of  rural 
independent  districts  and  school  townships  on  the  first  of  July  following  his 
election.     Section  2757. 

(2)  Length  of.  In  school  townships  the  term  of  director  is  one  year; 
in  independent  corporations,  three  years.  Section  2745. 

8.  Filling  vacancies.     (1)   Beginning.     Persons  holding  over  or  appointed 
or  elected  to  fill  a  vacancy  must  qualify  within  ten  days.     Section  1275. 

(2)  Length  of.  Persons  holding  over  or  appointed  by  the  board  to  fill 
vacancies  serve  until  their  successors  elected  at  the  next  regular  meeting  of 
the  corporation,  qualify.  Section  1276.  Persons  chosen  by  the  electors  to 
fill  vacancies  serve  the  remainder  of  the  term.  Section  1277. 

9.  When  to  qualify-— contested  election.     When  an  election  is  contested, 
the  person  elected  shall  have  ten  days  in  which  to  qualify,  after  the  date  of 
the  decision.     Code,  section  1177. 

10.  Refusal  to  issue  certificate  of  election.     The  failure  or  refusal  of  the 
proper  officers  to  issue  a  certificate  to  a  person  duly  elected,  cannot  operate 
to  deprive  such  person  of  his  rights.    The  certificate  or  commission  is  the  best, 
but  not  the  only   evidence  of  an   election,   and   if  that  be  refused   secondary 
evidence   is   admissible.      McCrary   on   elections,   section    171;    decisions,    9. 
Mandamus  is  the  proper  remedy  to  compel  the  board  of  canvassers  to  declare 
elected  and  certify  to  the  election  of  the  party  receiving  the  highest  number 
of  votes.     36  Iowa,  291. 

11.  Board  determines  identification  of  members.     While  a  board  may  use 
its  own  judgment  as  to  who  shall  or  who  shall  not  be  received  as  a  member  of 
the  board,  any  one  aggrieved  has  his  remedy  through  the  courts;  that  is,  the 
membership  of  the  board  is  not  finally  determined  by  any  action  of  the  board. 
125  Iowa,  193. 

12.  Title— how  determined.     The  right  or  title  to  hold  office  cannot  be 
determined  by  an  appeal  to  the  county  superintendent.  The  proper  remedy  for 


SCHOOL,  LAWS  OP  IOWA.  37 

any  person  aggrieved  by  the  action  of  the  '"board  relating  thereto  is  a  petition 
(to  the  district  court.  Code,  sections  4313  and  4320;  decisions,  9.  Quo  war- 
ranto  is  the  proper  proceeding  to  determine  the  title  to  an  office.  125  Iowa,  193. 

13.  Province   of   courts.      It   is   the  exclusive   province  of  the   courts   to 
determine  questions  with  relation  to  any  vote  of  a  school  meeting  or  with  re- 
lation to  the  choice  of  members  of  the  board  or  officers  of  the  board.     De- 
cisions, 20. 

14.  Elections — regular.     Sections  2746,  2751,  2754;   to  fill  vacancy,  sec- 
tion 2771. 

SEC.  2759.  President — employment  of  counsel.  The  president  of 
the  board  of  directors  shall  preside  at  all  of  its  meetings,  sign  all  war- 
rants and  drafts,  respectively,  drawn  upon  the  county  treasurer  for 
money  apportioned  and  taxes  collected  and  belonging  to  his  school 
corporation,  and  all  orders  on  the  treasurer  drawn  as  provided  by  law, 
sign  all  contracts  made  by  the  board,  and  appear  in  behalf  of  his 
corporation  in  all  actions  brought  by  or  against  it,  unless  individ- 
ually a  party,  in  which  case  this  duty  shall  be  performed  by  the  sec- 
retary. In  all  cases  where  actions  may  be  instituted  by  or  against 
any  school  officer  to  enforce  any  provision  of  law,  the  board  may 
employ  counsel,  for  which  the  school  corporation  shall  be  liable.  [19 
G.  A,  ch.  46;  C.  '73,  §§  1739-40;  R.,  §§  2039-40;  C.  '51,  §§  1122-3,  1125.] 

NOTES:  1.  President  may  not  hold  over.  A  president  whose  term  as 
director  has  expired  may  take  no  further  part  in  the  'board,  even  though  a 
new  president  has  not  been  chosen. 

2.  President  may  vote.     The  president  has  the  right  to  vote  on  all  ques- 
tions coming  before  the  board.     If  by  such  vote  a  tie  is  produced,  the  motion 
is  lost.     Section  2757. 

3.  Temporary  president.     Wihen  the  board  is  without  a  president,  a  tem- 
porary president  may  be  appointed  from  the  members  of  the  board,  who,  dur- 
ing the  time  he  is  acting  as  president,  may  sign  orders  and  contracts  and  do 
all  other  acts  proper  to  be  done  by  the  president,  but  he  is  not  authorized  to 
act  except  when  the  board  is  in  session.     Section  2772. 

4.  Order  book — custodian  of.     The  secretary  is  the  custodian  of  the  order 
book.    He  fills  out  the  orders,  which  the  president  afterward  signs.  Section  2762. 

5.  Order  must  indicate  fund.     To  be  valid,  an  order  must  express  upon  tits 
face  the  fund  on  which  it  is  drawn,  and  name  the  purpose  'for  which  it  was 
issued.     Section  2762. 

6.  Failure  to  attach  official  title.     The  failure  of  an  officer  to  attach  his 
official  title  to  his  signature  will  not  affect  the  instrument  so  far  as  the  dis- 
trict  is   concerned,   provided   the   writing  was   authorized,   and   made   for  the 
district,  and  this  fact  can  be  shown.     7  Iowa,  509;  11  Iowa,  82: 

7.  Personal  liability.     Unless  the  fact  that  official  approval  was  author- 
ized can  be  shown,  personal  liability  may  follow.     59  Iowa,  696. 

8.  Authority  for  signing.     An  order  on  the  treasurer  may  be  drawn  only 
by  the  authority  of  the  board.     Section  2780. 

9.  Expense  of  litigation.    The  expense  in  suits  provided  for  by  this  section 
should  be  paid  from  the  contingent  fund.     Section  2768. 

10.  Appeals  not  actions.     Appeals  to  the  county  superintendent  or  super- 
intendent of  public  instruction,  are  not  actions  brought  by  or  against  the 
district,  nor  are  they  actions  brought  by  or  against  any  of  the  school  officers, 
within  the  meaning  of  the  law,  and  no  charge  can  be  made  against  the  district 
for  attorney  fees.    36  Iowa,  411. 

11.  President  may  not  bring  suits.     The  president  does  not  have  author- 
ity to  bring  suits  in  the  name  of  the  corporation  on  his  own  motion.  85  Iowa,  387. 

12.  Service  of  notice.    Service  of  notice  may  be  made  on  either  the  presi- 
dent or  the  secretary.    Code,  section  3531. 

SEC.  2760.    Bonds  of  secretary  and  treasurer.     The  secretary  and 
treasurer  shall  each  give  bond  to  the  school  corporation  in  such  penalty 


38  SCHOOL    LAWS   OF   IOWA. 

as  the  board  may  require,  and  with  sureties  to  be  approved  by  it, 
which  bond  shall  be  filed  with  the  president,  conditioned  for  the 
faithful  performance  of  his  official  duties,  but  in  no  case  less  than 
five  hundred  dollars.  Each  shall  take  the  oath  required  of  civil  officers, 
which  shall  be  indorsed  upon  the  bond,  and  shall  complete  his  quali- 
fication within  ten  days.  In  case  of  a  breach  of  the  bond,  the  presi- 
dent shall  bring  action  thereon  in  the  name  of  the  school  corporation. 
[15  G.  A.,  ch.  27;  C.  '73,  §§  1721,  1731;  R.,  §§  2035,  2037,  2076;  C. 
'51,  §  1144.] 

NOTES:  1.  Official  bond.  The  law  requires  all  official  bonds  to  be  se- 
cured by  at  least  two  sureties  who  are  freeholders,  and  whose  aggregate  prop- 
erty is  double  the  amount  of  the  bond,  the  oath  of  office  to  be  subscribed  on 
the  back  of  the  bond,  or  attached  thereto,  and  the  sureties  to  make  affidavit  that 
they  are  worth  the  amount  named.  Form  15.  A  guarantee  company  may  be 
accepted  as  surety.  Sections  360  and  1187. 

2.  Sureties   and   principal   must   qualify.      At   least   two    sureties   are    re- 
quired,  who   must   be   resident   freeholders   of   this   state,    and   each   of   whom 
must  make  an  affidavit  as  surety.     Both  the  principal  and  the  sureties  must 
qualify  before  some  one  empowered  to  administer  oaths.     Code,   sections   358 
and  359. 

3.  Requalify.      If   the   treasurer   is   re-elected,   or   continues   in   office   by 
reason  of  failure  to  elect  a  successor,  his  bond  must  be  renewed  and  he  should 
produce  and  account  for  the  funds  in  his  hands,   and  the  statement  of  such 
settlement  should   be   endorsed   upon   his   new   bond   before   the   same   is   ap- 
proved by  the  board.     Code,  section  1193. 

4.  Liability  of  treasurer.     The  treasurer- of  a  school  district  is  absolutely 
liable  for  all  money  coming  into  his  hands  by  virtue  of  his  office.     40  Iowa, 
130;    37  Iowa,  550;   80  Iowa,  497. 

5.  Member  should  not  be  surety.     As  the  bonds  of  the  secretary  and  the 
treasurer  must  be  approved  by   the  board,  no  member  should  become  surety 
for  one  of  these  officers. 

6.  Failure  to  give  bond.     Any  officer  whose  duty  it  is  to  give  bonds  for 
the  proper  discharge  of  the  duties  of  his  office,  and  who  neglects  so  to  do,  is 
guilty  of  a  misdemeanor,  and  is  liable  to  a  fine.     Code,  section  1197. 

7.  Liability  of  board.     A  board  approving  bonds  known  to  be  insufficient, 
does  not  discharge  the  duty  incumbent  upon  it,  and  is  liable  on  a  charge  of 
misdemeanor.     14  Iowa,  510;  18  Iowa,  153.     Code,  section  4904. 

8.  Additional   security.      Any  officer   or   board   who   has  the   approval   of 
another  officer's  bond,  when  of  the  opinion  that  the  public  security  requires  it, 
upon  giving  ten  days'  notice  to  show  cause  to  the  contrary  may  require  him 
to  give  such  additional  security  by  a  new  bond,  within  a  reasonable  time  to  be 
prescribed.    Code,  section  1281. 

9.  Relief  of  surety.     By  petitioning  the  board  a  surety  may  ask  to  be  re- 
lieved from  his  obligation  on  a  bond.     Code,  sections  1283  and  1285. 

10.  Board  not  bound  to  notify.     The  board  of  directors  is  not  bound  to 
notify  or  warn  sureties  of  the  dishonesty  of  a  re-elected  treasurer. 

11.  All  qualify.     All  the  officers  of  the  board  must  take  the  oath  of  office 
as  prescribed  by  section  5,  article  11,  of  the  constitution.     See  form  55. 

12.  When   qualify.     The   secretary   and   the   treasurer   have   ten   days   in 
which  to  qualify. 

13.  Guarantee  company  may  become  surety.     Any  association  or  corpora- 
tion which  does  the  business  of  insuring  the  fidelity  of  others,  and  which  has 
authority  by  law  to  do  business  in  this  state,  shall  be  accepted  as  surety  upon 
bonds   required   by  law,   with  the  same  force  and  effect  as  sureties  above 
qualified.     Code,  section  1187. 

14.  Guarantee  company's  certificate.     Any  company  engaged  in  the  busi- 
ness of  becoming  surety  upon  bonds  shall  file,  with  the  clerk  of  any  county 
in  which  it  shall  do  business,  a  certificate  from  the  state  auditor  that  it  has 
complied   with   the  law   and   is  authorized   to   do  business   in  this   state;    and 
Should  said  authority  be  withdrawn  at  any  -time,  the  state  auditor  shall  at 


SCHOOL  LAWS   OF   IOWA.  39 

once  notify  the  clerk  of  each  distnict  court  to  that  effect.     Code,  .sections  359 
and  360. 

SEC.  2761.  Duties  of  secretary.  The  secretary  shall  file  and  pre- 
serve copies  of  all  reports  made  to  the  county  superintendent,  and 
all  papers  transmitted  to  him  pertaining  to  the  business  of  the  corpo- 
ration ;  keep  a  complete  record  of  all  the  proceedings  of  the  meetings 
of  the  board  and  the  voters  of  the  corporation  in  separate  books; 
keep  an  accurate,  separate  account  of  each  fund  with  the  treasurer, 
charge  him  with  all  warrants  and  drafts  drawn  in  his  favor,  and  credit 
him  with  all  orders  drawn  on  each  fund ;  and  he  shall  keep  an  accurate 
account  of  all  expenses  incurred  by  the  corporation,  and  present  the 
same  to  the  board  for  audit  and  payment.  At  the  annual  meeting 
he  shall  record,  in  a  book  provided  for  that  purpose,  the  names  of  all 
persons  voting  thereat,  the  number  of  votes  cast  for  each  candidate, 
and  for  and  against  each  proposition  submitted.  [C.  '73,  §§  1741, 
1743;  R.,  §§  2041-2;  C.  '51,  §  1128.] 

NOTES:  1.  Importance  of  secretary's  work.  A  large  amount  of  labor  de- 
volves upon  the  secretary.  The  fidelity  and  promptness  with  which  he  at- 
tends to  (his  duties  make  his  assistance  very  valuable  to  the  board  and  the 
district,  and  determine,  in  a  large  degree,  the  accuracy  and  completeness 
of  his  annual  report  to  the  board  and  to  the  county  superintendent. 

2.  Minutes — keeping  of.     It  is  essential  that  the  record  of  the  proceedings 
of  the  board  and  of  the  district  meetings  should  be  properly  kept.     Every 
transaction   should   be   carefully   noted,   and   the   proceedings   read   and   ap- 
proved.    Decisions,  113. 

3.  Minutes  as  evidence.     The  minutes  of  a  meeting  as  recorded  at  the  time 
by  t'he  secretary,  must  be  regarded  the  best  evidence  as  to  the  understanding 
the  board  had  of  a  subject,  at  the  time  the  question  was  voted  upon.     De- 
cisions, 6,  31,  36  and  50. 

4.  Proceedings  submitted  to  board.     The  proceedings  of  any  meeting  in 
relation  to  voting  schoolhouse   taxes,   must  ,be   submitted  by  the   secretary, 
who  is  the  proper  custodian  of  the  records,  to  the  board,  to  form  the  basis 
of  its  action  in  appropriating  and  certifying  schoolihouse  taxes  to  the  board 
of  supervisors.     Section  2806. 

5.  Failure  to  record  proceedings  in  separate  books.     The  failure  of  the 
secretary   to   record   all   the  ^proceedings   of   the   board   and   of  the    district 
meetings  in  separate  books,  kept  for  that  purpose,  will  not  render  the  pro- 
ceedings void.      8   Iowa,   298. 

6.  Public  records  may  be  inspected.     Public  records  are  public  property, 
and  are  open  to  inspection  at  proper  times  by  any  citizen.     No  puiblic  officer 
may  refuse  examination  of  the  records,  but  as  he  is  their  custodian,  and  is 
charged  with  their  safe  keeping,  'he  must  keep  them  in  his  possession. 

7.  Records — certified    copy    of.      Every    officer    having    the    custody   of    a 
public  record  or  writing  is  bound  to  give  any  person,  on  demand,  a  certified 
copy  thereof  on  payment  of  the  legal  fees  therefor.     Code,  section  4638. 

8.  May  not  act.     The  secretary  may  not  act  as  president  or  treasurer  of 
the  board. 

9.  Librarian.     The   secretary,   as  the  clerical   officer  of  the   board,  *cares 
for  the  records  of  the  district    (section   2761)    and  is  the  librarian  of  the 
corporation,  unless   the  board  appoints  some  other  person.      Section  2823-r. 

10.  Cash  account.     The  secretary  is  required  by  this  section  to  keep  an 
account   current   with   the   district    treasurer.      This   account,   properly  kept, 
will  assist  the  board  in  its  frequent  settlements  with  the  treasurer,  as  re- 
quired by  section  2780. 

11.  Minutes — correction  of.     A  court  of  equity  may  hear  parol  evidence 
,o  correct  the  record.     110  Iowa.  707. 

SEC.  2762.  Warrants.  He  shall  countersign  all  warrants  and  drafts 
upon  the  county  treasurer  drawn  or  signed  by  the  president ;  draw 


40  SCHOOL  LAWS  OP  IOWA. 

each  order  on  the  treasurer,  specify  the  fund  on  which  it  is  drawn 
and  the  use  for  which  the  money  is  appropriated;  countersign  and 
keep  a  register  of  the  same,  showing  the  number,  date,  to  whom  drawn, 
the  fund  upon  which  it  is  drawn,  the  purpose  and  the  amount ;  and  at 
each  regular  annual  meeting  furnish  the  board  with  a  copy  of  the 
same.  [31  G.  A.,  ch.  136,  §  4;  19  G.  A.,  ch.  46;  C.  '73,  §§  1739  1782- 
R.,  §§  2039,  2061;  C.  '51,  §§  1122-3.] 

NOTES:  1.  Claims  must  be  audited.  All  demands,  whether  by  contract 
or  otherwise,  must  'be  approved  by  the  board  when  in  session,  'before  an 
order  may  be  drawn  on  the  treasurer,  and  the  secretary  shall  draw  no  order 
unless  he  is  authorized  to  do  so  by  a  vote  of  the  board,  at  a  regular  or 
special  meeting.  Form  17.  Section  2780. 

2.  Secretary  holds  the  order  book.     The  secretary  should  hold  the  order 
book,  for  by  this  means  he  can  better  keep  Ms  records,  make  the  transcript 
to  the   treasurer   of  orders   drawn,   and   more  easily   make   his   final   report 
to  the  board  in  July.     Section  2762. 

3.  Comply  with  lawful  instructions.     The  secretary,  president,  and  treas- 
urer, must  conform  to  the  instructions  of  the  board,  as  far  as  those  direc- 
tions are  in  accordance  with  law,  but  they  should  not  comply  with  an  in- 
struction directing  them  to  do  an  illegal  act.     Section  2760. 

4.  When  warrant  should  be  refused.     If  the  board  appropriates  money 
to  pay  its  members,  or  for  any  other  illegal  purpose,  the  secretary  should 
refuse  to  draw  and  the  president  should  decline  to  sign  the  order,  and,  if 
drawn,  the  treasurer  should  refuse  to  pay  it.     Section  2760. 

5.  How  relieved  from  responsibility.     A  member  may  relieve  -himself  of 
the  responsibility  of  an  illegal  act  of  the  board,  by  moving  that  the  ayes 
and  noes  be  taken,  and  by  voting  no  on  the  unlawful  proposition.     Members 
of  the  board  are  not  liable  to  prosecution  for  errors  when  not  shown  that 
they  acted  in  bad  faith.     69  Iowa,  533. 

6.  Teachers'  salaries.     The  board  may  authorize  the  president  and  secre- 
tary to  draw  warrants  for  the  payment  of  teachers'  salaries  at  the  end  of 
each   school   month,   upon   proper  evidence   that  the   service   has   been   per- 
formed, but  the  order  for  wages  for  the  last  month  should  not  be  drawn 
until  the  full  report  required  by  isection  2789  is  filed  in  the  office  of  the 
secretary. 

7.  Warrants — when  illegal.     School  orders  issued  without  a  vote  of  the 
board,   or  otherwise  illegally  issued,  although  they  may   be  signed   by  the 
president  and  countersigned  by  the  secretary,  are  not  binding  upon  the  dis- 
trict, neither  can  they  acquire  validity  by  being  transferred  to  third  parties. 
If  Illegal  when  issued,  they  are  illegal  forever.     19  Iowa,  199  and  248.     De- 
cisions, 11. 

8.  Not  negotiable.     An  order  is  not  a  negotiable  paper.     It  is  subject  to 
all  equities  and  defenses  to  which  it  would  have  been  subject  in  the  hands 
of  the  payee.     22  Iowa,  595;  29  Iowa,  339,  and  92  Iowa,  676. 

9.  Defects  not  removed  by  transfer.     An  order  issued  illegally  does  not 
acquire  validity  by  transfer.     See  note  8. 

10.  Terms  of.      School   orders  may  not  be  drawn   payable  on  time,   nor 
should  any  mention  regarding  interest  be  in  the  order.     An  order  may  not 
be  made  payable  at  any  other  place  than  the  treasury  of  the  district.     Sec- 
tion  2768. 

11.  Registration.     The  registry  of  orders  is  an  important  matter.     Every 
order  drawn  s'hould   be  promptly  reported  to  the  district  treasurer,   as   he 
has  no  other  means  of  determining  the  amount  of  outstanding  orders,  and 
otherwise  cannot  comply  with  the  law  requiring  >him  to  make  partial  pay- 
ments.     Section   2768   and   form   18. 

SEC.  2763.  Repeal.  That  section  twenty-seven  hundred  sixty- 
three  (2763)  of  the  code  be  and  the  same  is  hereby  repealed,  and  the 
following  enacted  in  lieu  thereof.  [31  G.  A.,  ch.  138,  §  1 ;  18  G.  A., 
ch.  59;  C.  '73,  §§  1742,  1822;  R.,  §  2043;  C.  '51,  §  1129.] 


SCHOOL  LAWS   OP  IOWA.  41 

SEC.  2763-a.  Notice  of  special  meetings  in  corporations  of  five  thou- 
sand or  more.  The  secretary  of  the  board  of  directors  of  any  school 
corporation  which  is  divided  into  precincts,  shall  give  notice  of  all 
special  meetings  of  the  voters,  as  provided  by  section  twenty-seven 
hundred  fifty -five  (2755)  of  the  supplement  to  the  code.  Each 
notice  shall  state  the  date,  place  and  hours  during  which  the  meeting 
will  be  in  session,  and  the  object  of  the  meeting.  [31  G.  A.,  ch.  138,  §  2.] 

NOTES:  1.  Computing  time.  The  statutory  mode  of  computing  time  ex- 
cludes the  day  on  which  the  notice  is  posted,  and  includes  the  day  of 
meeting.  61  Iowa,  303.  Code,  section  48,  subdivision  23.  Forms  8 
and  11. 

2.  Notice  necessary.     Failure  to  comply  with  the  law  with  respect  to  the 
notice  invalidates  the  proceedings  of  the  meeting,  even  if  regular  in  other  re- 
spects.    Sections  2746,  2749,  2750,  2755.     118  Iowa,  207. 

3.  Kind  of  notice.     It  follows  that  notice  through  the  newspapers  or  any 
other  notice  than  as  named  in  the  law,  will  not  take  the  place  of  the  kind 
of  notice  required  by  the  law,  given  in  the  manner  indicated. 

4.  Proving.     The  posting  up  or  service  of  any  notice  or  other  paper  re- 
quired by  law  may  be  proved  by  the  affidavit  of  any  competent  witness  at- 
tached to  a  copy  of  said  notice  or  paiper  and  made  within  six  months  of  the 
time  of  such  posting  up.     Code,  section  4681. 

SEC.  2763-b.  Notice  of  special  meetings  in  independent  corporations 
of  less  than  five  thousand.  The  secretary  of  the  board  of  directors  for 
any  school  corporation,  located  wholly  within  or  partly  within  the 
corporate  limits  of  cities  of  the  first  class,  cities  of  the  second  class,  or 
incorporated  towns,  which  may  not  have  adopted  the  provisions  of 
section  twenty-seven  hundred  fifty-five  (2755)  of  the  supplement  to 
the  code  and  divided  into  precincts,  shall  give  notice  of  special  meet- 
ing of  the  voters  in  the  same  manner  as  for  the  annual  meeting,  by 
posting  at  least  five  notices  in  five  public  places  within  said  corpora- 
tion, for  not  less  than  ten  days  next  preceding  the  day  of  special 
meeting.  Each  notice  •  shall  state  the  date,  place  and  hours  during 
which  the  meeting  will  be  in  session,  and  the  object  of  the  meeting. 
[31  G.  A.,  ch.  138,  §  3.] 

NOTE:      See  notes  to  section  2763-a. 

SEC.  2763-c.     Notice  of  special  meetings  in  school  townships.     The 

secretary  of  the  board  of  directors  for  any  school  township  or  for  any 
school  corporation  not  included  in  the  preceding  sections,  shall  give 
ten  days'  printed  or  written  notice  of  special  meeting  to  the  voters, 
posted  in  at  least  five  public  places  within  the  corporation.  They  shall 
be  posted  at  the  door  of  each  schoolhouse,  and  also  at  or  near  the 
last  place  of  meeting,  and  each  notice  shall  state  the  date,  place  and 
hours  of  meeting.  [31  G.  A.,  ch.  138,  §  4.] 

NOTE:      See  notes  to  section  2763-a. 

SEC.  2764.  Register  of  persons  of  school  age.  He  shall,  between  the 
first  day  of  June  and  the  first  day  of  July  of  each  year,  enter  in  a 
book  made  for  that  purpose,  the  name,  sex  and  age  of  every  person 
between  five  and  twenty-one  residing  in  the  corporation,  together  with 
the  name  of  the  parent  or  guardian.  [32  G.  A.,  §  5;  C.  '97,  §  2764.] 


42  SCHOOL   LAWS   OF   IOWA. 

NOTES:  1.  Time.  The  law  intends  that  no  part  of  the  enumeration  shall 
be  taken  before  the  first  day  of  June.  What  is  desired  is  that  the  number 
of  persons  of  the  ages  of  five  to  twenty-one  having  an  actual  residence  in  a 
corporation  on  the  first  day  of  June,  shall  be  enumerated  in  that  corpora- 
tion. No  enumeration  shall  be  made  after  the  first  day  of  July. 

2.  Whom  to  include  in  the  enumeration.     Every  person  between  five  and 
twenty-one  should  be  enumerated  where  he  resides.     A  child  in  one  of  the 
charitable    or    reformatory    institutions    temporarily,    and    whose    parents    or 
guardian  reside  in  another  part  of  the  state,  or  in  another  school   district, 
is  a  resident  of  the  district  in  which  his  parents  reside,  and  should  be  enumer- 
ated there.     If  in  the  institution  to  remain  permanently,  having  no  parents 
or    guardian,   ihis    residence    is    in    the    district    in    which    the    institution    is 
located,  and  he  should  be  enumerated  therein. 

3.  AVhat  desired.      The   actual   truth  as  to  the  number  of   school   age  is 
what  is  sought.     Anything  else  disturbs  the  equality  which  by  right  exists, 
and  prevents  all  from  receiving  exact  justice  in  the  apportionments. 

4.  How  obtained.     The  number  of  persons  of  school  age  can  be  obtained 
only  by  a  careful  and  conscientious  census.     It  includes  all  persons  between 
five  and    twenty-one   years   having   a   residence   within   the   district,   even   if 
married.     Form  19. 

5.  Rights  of  each  district.     Each  district  deserves  credit  for  every  one  of 
proper  age,  but  is  entitled  to  no  more.     It  is  obvious  that  a  guess  or  esti- 
mate regarding  even  a  single  individual  is  to  be  avoided.     Section  2808. 

6.  By  whom  taken.     In  Independent  districts  it  is  the  duty  of  the  secre- 
tary to  take  the  annual  school  enumeration  required  !by  the  first  clause  of 
this  section,  unless  the  board  assigns  the  duty  to  another  person.      In  any 
case  proper  extra  compensation  should  be  given  for  the  work  required,  if  the 
district  is  a  large  one.     Section  2764. 

7.  Joint  districts.     In  districts  formed  of  parts  of  two  or  more  counties, 
the  secretary  should  make  the  annual  report  to  the  county  superintendent 
(having  jurisdiction  over  their  teachers,  and  with  whom  they  register  their 
certificates.      This   report  should   not   include  those   children    who   reside   in 
portions  of  the  district  lying  in  other  counties.     The  remaining  number  of 
children  should  be  reported  by  the  secretary  to  the  superintendents  of  the 
other  counties  having  territory  in  such  district. 

8.  Guardian.     Upon  the  death  of  both  parents  the  grandfather  or  grand- 
mother, if  living,  becomes  the  natural  guardian  of  an  orphan  infant.      127 
Iowa,  625. 

9.  School  census — seven  to  fourteen.      At  the   time  of   making  the  enu- 
meration of  those  of  the  ages  of  five  to  twenty-one,  the  secretary  shall  make 
a  list  of  those  of  the  ages  of  seven  to  fourteen  and  of  those  of  seven  to  four- 
teen not  atendins  school,  as  provided  in  section  2823-a.     Section  2823-i. 

10.  Seven  to  fourteen,  inclusive— meaning.      See   section   2823-a. 

SEC.  2765.  Reports.  He  shall  notify  the  county  superintendent 
when  each  school  is  to  begin  and  its  length  of  term,  and,  within  five 
days  after  the  regular  July  meeting  in  each  year,  file  with  the  county 
superintendent  a  report  which  shall  give  the  number  of  persons  in  the 
corporation,  male  or  female,  of  school  age,  the  number  of  schools  and 
branches  taught,  the  number  of  scholars  enrolled  and  average  attend- 
ance in  each  school,  the  number  of  teachers  employed  and  the  average 
compensation  paid  per  month,  distinguishing  the  sexes,  the  length  of 
school  in  days,  and  the  average  cost  of  tuition  per  month  for  each 
scholar,  the  text-books  used,  number  of  volumes  in  library,  the  value 
of  apparatus  belonging  to  the  corporation,  the  number  of  schoolhouses 
and  their  estimated  value,  the  name,  age  and  postoffice  address  of  each 
deaf  and  dumb  or  blind  person  in  the  corporation  between  the  ages  of 
five  and  twenty-one  years,  and  this  shall  include  those  vrhc  are  so  blind 
or  deaf  as  to  be  unable  to  obtain  an  education  in  the  common  schools, 


SCHOOL  LAWS  OF  IOWA.  43 

a  like  report  as  to  all  feeble-minded  children  of  and  between  such 
ages,  and  the  number  of  trees  set  out  and  in  a  thrifty  condition  on 
each  schoolhouse  ground.  [31  G.  A.,  ch.  136,  §6;  19  G.  A.,  ch.  23,  §  3; 
16  G.  A.,  ch.  112,  §  1;  C.  '73,  §§  1744-5;  R.,  §  2046;  C.  '51,  §§  1127-8.] 

NOTES:  1.  Data.  The  name  of  the  teacher  should  be  given,  and  any 
other  information  which  will  aid  the  county  superintendent  in  planning  his 
work  of  visitation,  provided  for  in  section  2734-b. 

2.  Annual  reports.     The  blanks  for  the   annual   report  of  the   secretary 
are   furnished    by    the    state    through   county    superintendents.      The   secretary 
should   copy  the   report  required  by  this   section,   in   the   district  records.     If 
the  original  report  is  filed  in  his  office,  it  is  liable  to  be  destroyed  or  mislaid, 
which  may  prove  detrimental  to  the  interests  of  the  district. 

3.  Daily  register.     Ev^ry  teacher  should  take  great  pains  to  keep  very 
carefully  the  register  required   by  section   2789,   in  order  that  the  report   re- 
quired by  this  section  may  be  made  out  correctly.     By  the  teacher's  doing  so 
the  secretary  will  be  able  to  make  his  annual  report  with  greater  ease,  and 
with  added  accuracy. 

SEC.  2766.  Officers  reported.  He  shall  report  to  the  county  super- 
intendent, auditor  and  treasurer  the  name  and  postoffice  address  of 
the  president,  treasurer  and  secretary  of  the  board  as  soon  as  practi- 
cable after  the  qualification  of  each.  [C.  '73,  §  1736.] 

NOTE:  1.  It  is  very  important  that  the  secretary  should  file  the  certificate 
with  the  county  officers  named,  immediately  after  the  regular  meetings  of 
the  board  in  March  and  July,  otherwise  funds  belonging  to  the  district  may 
be  paid  to  persons  not  authorized  to  receive  them.  Whenever  a  change  is 
made  the  county  officers  should  be  notified.  Form  20. 

SEC.  2767.  Certifying  tax.  Within  five  days  after  the  board  has 
fixed  the  amount  required  for  the  contingent  and  teachers'  fund,  he 
shall  certify  to  the  board  of  supervisors  the  amount  so  fixed,  and  at 
the  same  time  shall  certify  the  amount  of  schoolhouse  tax  voted  at 
an}'  regular  or  special  meeting.  In  case  a  schoolhouse  tax  is  voted  by 
a  special  meeting  after  the  above  certificate  has  been  made  and  prior 
to  the  first  day  of  September  following,  he  shall  forthwith  certify 
the  same  to  the  board  of  supervisors.  He  shall  also  certify  to 
such  board  any  provision  made  by  the  board  of  directors  for  the  pay- 
ment of  principal  or  interest  of  bonds  lawfully  issued.  [C.  '73,  §§ 
1777,  1823  ;R.,  §§  2037,  2044.] 

NOTE:  1.  The  secretary  has  no  discretion  but  must  certify  the  tax  to  the 
board  of  supervisors.  He  should  also  certify  to  the  board  of  supervisors  any 
provision  made  by  the  board  of  directors  for  the  payment  of  principal  or 
interest  of  bonds  lawfully  issued. 

SEC.  2768.  Duties  of  treasurer — payment  of  warrants.  The  treas- 
urer shall  receive  all  moneys  belonging  to  the  corporation,  pay  the 
same  out  only  upon  the  order  of  the  president  countersigned  by  the 
secretary,  keeping  an  accurate  account  of  all  receipts  and  expenditures 
in  a  book  provided  for  that  purpose.  He  shall  register  all  orders 
drawn  and  reported  to  him  by  the  secretary,  showing  the  number, 
date,  to  whom  drawn,  the  fund  upon  which  drawn,  the  purpose  and 
amount.  The  money  collected  by  tax  for  the  erection  of  school- 
houses  and  the  payment  of  debts  contracted  therefor  shall  be  called 
the  schoolhouse  fund;  that  collected  for  the  payment  of  school  build- 


44  SCHOOL  LAWS  OF  IOWA. 

ing  bonds  shall  be  called  the  school  building  bond  fund ;  that  for  rent, 
fuel,  repairs,  and  other  contingent  expenses  necessary  for  keeping 
the  school  in  operation,  the  contingent  fund;  and  that  received  for 
the  payment  of  teachers,  the  teachers'  fund;  and  he  shall  keep  a  sep- 
arate account  with  each  fund,  paying  no  order  that  fails  to  state  the 
fund  upon  which  it  is  drawn  and  the  specific  use  to  which  it  is  to  be 
applied.  Whenever  an  order  cannot  be  paid  in  full  out  of  the  fund 
upon  which  it  is  drawn,  partial  payment  may  be  made.  All  school 
orders  shall  draw  lawful  interest  after  being  presented  to  the  treas- 
urer and  by  him  endorsed  as  not  paid  for  want  of  funds.  [31  G  A , 
ch.  139;  C.  '73,  §§  1747-50;  R.,  §§  2048-50C.  '51,  §§  1138-40.] 

NOTES:  1.  Custodian.  The  language  of  this  section  is  very  explicit.  It 
makes  the  treasurer  the  custodian  of  all  moneys  belonging  to  the  district, 
which  effectually  precludes  the  idea  of  dividing  the  money  belonging  to  any 
particular  fund  among  the  subdistricts.  Decisions,  13. 

2.  Use  of  funds.     The  treasurer  may  pay  out  the  funds  only  on  the  order 
of  the  president,  countersigned  by  the  secretary,   and  the  president  may  not 
sign  an  order  unless  he  is  authorized  to  do  so  by  tine  board.   Sections  2768  and 
2780. 

3.  Claims  must  be  audited.    No  order  shall  be  drawn  on  the  district  treas- 
ury,  until   the   claim   for   which   it   is   drawn   has   been   audited   and   allowed. 
Section  2780. 

4.  Orders— order  of  payment.     In   making  payment,   when   there  is   not 
sufficient  money  on  hand  to  pay  all  outstanding  orders,  one  order  may  not  be 
given  preference  over  another.     40  Iowa,  620. 

5.  Loaning.     Neither  the  electors  nor  the  board  may  authorize  the  treas- 
urer to  loan  money  belonging  to  the  district.     Code,  section  4840,  as  note  11 
to  section  2769. 

6.  Responsibility  of  treasurer.    The  treasurer  is  responsible  for  all  moneys 
coming  into  his  hands  by  virtue  of  his  office,  even  if  stolen  or  destroyed  by 
fire.    The  board  has  no  authority  to  release  him,  unless  he  accounts  in  full  for 
all   moneys   received   by   virtue   of   his  office.     37    Iowa,   550;    39    Iowa,   9;    40 
Iowa,  130,  ana  80  Iowa,  497. 

7.  Depositing.     It  is  generally  advisable  for  the  treasurer  to  deposit  the 
money  in  some  safe  and  secure  bank;  but  the  treasurer  and  his  bondsmen  are 
as  fully  responsible  as  they  would  be  if  the  money  is  held  by  the  treasurer 
in  person.    A  general  deposit  is  not  conversion.     120  Iowa,  695. 

8.  May  not  reimburse.     The  spirit  of  our  law  forbids  the  electors  to  vote 
schoolhouse  funas  to  reimburse  a  treasurer  or  his  bondsmen  for  a  loss  of  the 
money  belonging  to  the  district.    There  is  no  way  under  the  law  by  which  the 
treasurer  and  his  bondsmen  may  be  released  from  absolute  liability.     Note  6. 

9.  No  highway  fund.     There  is  no  authority  in  law  for  a  county  treasurer 
and  a  district  treasurer  to  keep  a  part  of  the  schoolhouse  fund  separate  as  a 
so-called  ihighway  fund  or  library  fund.     It  is  obvious  that  all  moneys  col- 
lected as  voted  by  the  electors  must  belong  to  the  schoolhouse  fund  or  the 
school  building  bond  fund.     Section  2768. 

10.  Cost  of  removal.     When  possible,  it  is  desirable  that  the  cost  of  re- 
moving and  repairing  schoolhouses  shall  be  paid  from  the  schoolhouse  fund. 
If  there  is  no  schoolhouse  fund  on  hand  unappropriated,  the  expense  of  re* 
moval,  if  not  too  considerable,  may  be  paid  from  the  contingent  fund. 

11.  Flag  staff.     Contingent  fund  may  be  used  to  erect  a  flag  staff  upon 
the  schoolhouse  or  a  flag  pole  upon  the  school  grounds  for  the  purpose  of  dis- 
playing a  school  flas. 

12.  Minor  improvements.     Minor  improvements,  such  as  the  erection  of 
ordinary  outhouses,  storm  caves,  fences,  and  the  like,  may  be  paid  for  from 
either  the  contingent  or  the  schoolhouse  fund. 

13.  Ordinary  repairs — rebuilding.     Ordinary  repairs  should  'be  charged  to 
the  contingent  fund;    but  when  such  repairs  assume  the  magnitude  of  a  re- 
building, or  of  an  extensive  addition,  they  should  be  charged  to  the  school- 
house  fund. 


SCHOOL  LAWS  OF  IOWA.  45 

14.  Use  of  unappropriated  schoolhouse  fund.     Any  unappropriated  school- 
house   fund   in   the  district  treasury   may  be  used   for  the  erection  or   repair 
of   schoolhouses,   at   the   discretion  of  the   board,    without  the   action   of   the 
electors. 

15.  Seating.     The  cost  of  seating  new  schoolhouses  should  be  paid  from 
the  schoolhouse  fund.  The  law  does  not  authorize  the  use  of  the  contingent 
fund  for  the  erection  or  completion  of  schoolhouses,  but  when  a  house  needs 
reseating   or   other   repairs,   the   cost   may   be   defrayed    either   from   the   con- 
tingent fund,   or  from  any  unappropriated   schoolhouse  fund   in  the  treasury. 
25  Iowa,  436. 

16.  School  furniture.     The  term  school  furniture,   as  generally  used  in 
our  state,  means  school  desks,  tables,  chairs,  and  such  similar  articles  as  are 
closely  related  to  making  the  schoolhouse  more  suitable  for  its  use  as  a  school- 
house;  school  apparatus  has  been  understood  to  include  the  articles  mentioned 
in  section  2783,  or  such  similar  articles  as  would  clearly  come  under  the  same 
designation  for  use  in  the  schools  for  the  purpose  of  instruction. 

17.  Transfer  of  funds.     Boards  have  no  authority  to  transfer  money  from 
one    fund    to    another,    even    temporarily,    unless    they    are    authorized    by    the 
electors  under  section  2749,  subsection  5,  to  transfer  any  surplus  in  the  school- 
house  fund  to  another  fund.    Notes  3  and  4  to  section  2810.    . 

18.  Teachers'  fund  not  divided.    The  teachers'  fund  should  not  be  divided 
among  the  subdistricts,  equally,  according  to  the  number  of  children,  or  upon 
any  other  basis.    This  fund  can  be  paid  out  only  to  teachers  for  services,  upon 
orders  authorized  by  the  board. 

19.  Orders  must  specify  fund.     The  treasurer  shall  pay  no  order  which 
does  not  specify  the  fund  on  which  it  is  drawn,  and  the  specific  use  to  which 
the  money  is  applied. 

20.  Tuition  belongs  hi  teachers'  fund.     Tuition  fees  collected  from  non- 
residents belong  to  the  teacher's  fund. 

21.  Teachers'  fund — use  of.     No  part  of  the  teachers'  fund  may  be  used 
for  any   other  purpose   than   to   pay   teachers  or  to   pay   tuition   of   pupils  at- 
tending school   in   another   district  under  sections   2774   and   2803;    except  the 
amount  withheld  from  the  apportionment  for  the   purchase  of  library  books. 
Section  2823-n. 

22.  Register  of  orders.    The  law  requires  both  the  secretary  and  the  treas- 
urer to  keep  a  register  of  all  orders  drawn  on  the  district  treasury,  containing 
a  record  of  each  item  enumerated.     Form  24.     Sections  2762,  2768.. 

23.  School  orders — terms  of.     The  board  has  no  authority  to  make  a  con- 
tract by  which  school  orders  shall  draw  interest  before  their  presentation 
nor  a  higher  rate  than  six  per  cent.     90  Iowa,  53. 

24.  Caves.    The  board  of  directors  may  build  a  cave  near  the  schoolhouse, 
using  any  unappropriated  schoolhouse  or  contingent  fund  for  that  purpose. 

25.  Secretary  furnish  list  of  orders.      It  is  essential   that   the   treasurer 
should  know  the  exact  amount  of  outstanding  orders,  and  tor  this  reason  the 
secretary  is  required  to  report  to  him  all  orders  drawn  on  the  district  treasury. 
Section  2762. 

26.  Register — importance.    The  register  provided  for  in  this  section  is  in- 
dispensable to   the   treasurer,   under   the   law   requiring  him  to   make   partial 
payments   on   orders   when   he   has  not  funds  sufficient   to   pay  them   in   full. 
40  Iowa,  620. 

27.  When  treasurer  may  refuse  to  pay.     The  treasurer  may  rightly  ob- 
ject to  paying  an   order   that   is   defective   in   any   of  the   particulars   named. 
It  is   especially   essential  that   the   purposes   for  which   the   order   was   given 
shall   be   written   in   the  order.   The   stub   in   the   order  book   should   also   be 
properly  filled  out  and  carefully  preserved. 

28.  Partial  payment.     The  provision  as  to  partial  payment  applies  to  all 
orders  on  that  fund.     The  holder  of  an  order  drawn  to  pay  a  judgment  can- 
not insist  on  its  being  satisfied  in  full  to  the  exclusion  of  other  orders.     40 
Iowa,  620. 

29.  Indorsement  for  want  of  funds.     By  keeping  a  correct  account  of  the 
orders,  as  by  form  18,  the  treasurer  will  know  the  amount  outstanding,  and 
can  readily  determine  what  per  cent  on  each  he  can  pay  with  the  funds  on 


46  SCHOOL  LAWS  OF  IOWA. 

hand.  When  requested  by  the  holder,  he  should  indorse  an  order  so  that  the 
amount  remaining  unpaid  may  draw  legal  interest.     Section  2768. 

30.  Payments  should  be  indorsed.     Whenever  partial  payment  is  made, 
the  treasurer  should  indorse  the  payment  on  the  order  and  take  a  receipt  for 
the  amount  paid.     When  paid  dn  full,  the  order  should,  in  all  cases,  be  in- 
dorsed by  the  person  presenting  it,  and  left  with  the  treasurer.     It  is  then  a 
voucher  for  the  amount  paid.     Section  2768. 

31.  To  compel  payment.     The  remedy  of  any  one  holding  an  order  which 
the  treasurer  refuses  to  pay  or  indorse  is  application  to  a  court  for  a  writ  to 
compel  such  officer  to  make  payment.    At  the  final  hearing  before  the  court  it 
will  be  definitely  determined  whether  the  order  is  of  such  character  that  it 
should  be  either  paid  by  the  treasurer  or  indorsed  by  him  as  not  paid  for 
want  of  funds.     Section  2768 

32.  Limit  of  taxation.     See  sections  2749,  2753,  2806,  2813,  2825. 

SEC.  2769.  Financial  statement.  He  shall  render  a  statement  of 
the  finances  of  the  corporation  whenever  required  by  the  board,  and 
his  books  shall  always  be  open  for  inspection.  He  shall  make  an  annual 
report  to  the  board  at  its  regular  July  meeting,  which  shall  show  the 
amount  of  the  teachers'  fund,  the  contingent  fund,  and  the  school- 
house  fund  held  over,  received,  paid  out,  and  on  hand,  the  several 
funds  to  be  separately  stated,  and  he  shall  immediately  file  a  copy  of 
this  report  with  the  county  superintendent.  [31  G.  A.,  ch.  136,  § 
7;  16  G.  A.,  ch.  112,  §  2;  C.  73,  §  1751;  R.,  §  2051;  C.  '51,  §  1141.] 

NOTES:  1.  Settlement.  The  interest  and  protection  of  the  taxpayers  re- 
quire that  a  full  and  complete  settlement  should  be  made  at  least  once  each 
year,  and  more  frequently  if  deemed  necessary,  and  that  the  settlement  at  the 
July  meeting  requires  that  the  funds  and  property  shall  be  produced  and  fully 
accounted  for,  and  that  these  facts  should  be  indorsed  upon  the  new  bond  of 
the  treasurer,  if  he  is  re-elected.  Code,  section  1193,  quoted  in  note  9  below. 
69  Iowa,  269;  91  Iowa,  198,  and  110  Iowa,  58. 

2.  Treasurer — may  demand.     The  outgoing  treasurer  and  his  bondsmen 
have  a  right  to  expect  and  to  require  that  the  board  shall  make  a  complete 
settlement,  and  the  treasurer  may  demand  and  receive  written  evidence  that 
such  settlement  is  complete.    110  Iowa,  58. 

3.  Responsibility.     The  responsibility  of  the  treasurer  and  his  bondsmen 
to  the  district  is  absolute,  and  it  rests  with  the  treasurer  to  deposit  the  money 
in  a  bank,  or  not,  as  may  seem  best  fo  him. 

4.  School  funds— deposit  in  bank.    A  school  township  treasurer  may  right- 
fully make  a  general  deposit  of  the  funds  of  his  district,  and  the  title  to  the 
funds  will  not  thereby  pass  to  the  bank,  nor  does  it  amount  to   conversion; 
and  any  guaranty  which  the  bank  may  give  to  secure  him  against  loss  in  case 
of  its  failure  is  not  invalid,  either  on  the  ground  that  the  deposit  was  wrongful 
or  as  against  public  policy.    120  Iowa,  695. 

5.  Officers  may  not  be  released.     It  is  not  within  the  power  of  even  the 
electors  to  release  the  board  or  its  officers  from  their  obligation  to  protect 
the  funds  of  the  district. 

6.  Term  sureties  liable.     The  sureties  on  an   official  bond  may  be  held 
for  three  years  from  the  time  that  it  is  presumed  an  irregularity  occurred. 
Code,  section  3447.     91  Iowa,  198. 

7.  Vouchers   preserved.      The   vouchers   of   the   treasurer   should   not   be 
destroyed   until  after  three  years  from  the  expiration  of  a  term  of  office. 
The  stub  books  of  the  secretary  should  also  be  retained,  and  not  destroyed 
until  after  several  years. 

8.  Arbitration.     In  making  settlement,  the  board  may  submit  a  difference 
with  the  treasurer,  to  arbitration.     70  Iowa,  65. 

9.  Re-elected — requalify.      When   the   incumbent  of  the   office   of   secre- 
tary or  treasurer  is  re-elected,  he  shall  qualify  anew,  as  directed  by  section 
2760  of  the  code,  and  when  the  re-elected  officer  has  had  public  funds  or 
property  in  his  control,  under  color  of  his  office,  his  bond  shall  not  be  ap- 


SCHOOL   LAWS   OP   IOWA.  47 

proved  until  he  has  produced  and  fully  accounted  for  such  funds  and  prop- 
erty to  the  proper  person  to  whom  he  should  account  therefor;  and  the 
officer  or  board  approving  the  bond  shall  indorse  upon  the  bond,  before 
its  approval,  the  fact  that  the  said  officer  has  fully  accounted  for  and  pro- 
duced all  funds  and  property  before  that  time  under  his  control  as  such 
officer.  Code,  section  1193.  110  Iowa,  58. 

10.  Hold  over — requalify.      When   it  is   ascertained   that  the  iincumbenit 
is  entitled  to  hold  over  iby  reason  of  the  non-election  of  a  successor,  or  for 
the  neglect  or  refusal   of  the   successor  to   qualify,  he   shall   qualify   anew, 
within  ten  days.     Code,  section  1275. 

11.  Embezzlement.     If  any  state,  county,  townsihip,  school  or  municipal 
officer,  or  officer  of  any  state  institution,  or  other  public  officer  within  the 
state,   charged   with   the   collection,  safe  keeping,  transfer   or   disbursement 
of  public  money  or  property,  fails  or  refuses  to  keep  the  same  in  any  place 
of  custody  or  deposit  that  may  be  provided  by  law  for  keeping  ^such  money 
or  property  until  the  same  is  withdrawn  therefrom  as  au-thorfzed  by  law, 
or  keeps  or   deposits  such  money  or  property  in  any  other   place  than  in 
such   place  of  custody  or  deposit,   or   unlawfully   converts   to   his   own   use 
in  any  way  whatever,  or  uses  by  way  of  investment  in  any  kind  of  property, 
or   loans   without   the   authority  of   law,    any   portion   of   the   public   money 
intrusted  to  him  for  collection,  safe  keeping,  transfer  or  disbursement,  or 
converts  to   his   own   use   any   money  or   property  that  may  come   into   his 
hands   by  virtue   of  his   office,  ihe   shall   be   guilty   of  embezzlement   to   the 
amount  of  so  much  of  said  money  or  the  value  of  so  much  of  said  property 
as  is  thus  'taken,  converted,  invested,  used,  loaned  or  unaccounted  for,  and 
shall  be  imprisoned  in  the  penitentiary  not  exceeding  ten  years,  and  fined  in  a 
sum  equal  to  the  amount  of  money  embezzled  or  the  value  of  such  property 
converted,   and   shall   be  'forever  after   disqualified   from   holding  any   office 
under  the  laws  of  the  state.     Any  such  officer  who  shall  receive  any  money 
belonging  to   the   state,   county,   township,  school   or   municipality,   or   state 
institution  of  which  he  is  an  officer,  shall  be  deemed  to  have  received  the 
same  by  virtue  of  his  office,  and  in  case  he  fails  or  neglects  to  account  there- 
for upon  demand  of  the  person  entitled  thereto,  he  shall  be  deemed  guilty  of 
embezzlement,    and    shall    be    punished    as    above   provided.      Code,    section 
4840. 

12.  Blanks.     The  blanks  for  the  annual  report  of  the  treasurer  are  fur- 
nished by  the  state,  through  the  county  superintendents. 

13.  Treasurer's  report  to  county  superintendent.     Treasurers  should  not 
fail  to  mail  a  copy  of  their  annual  report  at  once  to  the  county  superin- 
tendent, as  only  by  timely  attention  on  the  part  of  the  treasurers,  can  the 
county  superintendent  compile  and  forward  his  annual  report  to  the  super- 
intendent of  public  instruction,  on  the  last  Tuesday  in  August. 

SEC.  2770.  Surresderir-g  office  to  successor.  Each  school  officer, 
upon  the  termination  of  his  term  of  office,  shall  immediately  surrender 
to  his  successor  all  books,  papers  and  moneys  pertain ;n<?  or  belonging 
to  the  office,  taking  a  receipt  therefor.  [C.  '73,  §  1791;  R.,  §  2080.] 

NOTE:  1.  What  included.  The  language  of  this  section  includes  copies 
of  the  school  laws,  reports,  and  all  other  publications  which  may  be  re- 
ceived by  virtue  of  being  a  school  officer. 

SEC.  2771.  Quorum  of  board — filling  vacancies.  A  majority  of  the 
board  of  directors  of  anv  school  corporation  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  a  less  number  may  adjourn  from 
time  to  time.  Vacancies  occurring  among  the  officers  or  members  shall 
be  filled  by  the  board  by  ballot,  and  the  person  receiving  the  highest 
number  of  votes  shall  be  declared  elected,  and  shall  qualify  as  if 
originally  elected  or  appointed.  When  the  board  is  reduced  below  a 
quorum,  by  resignation  or  otherwise,  the  secretary  of  the  board,  or 
if  there  be  no  secretary,  the  county  superintendent  shall  call  a  special 


48  SCHOOL  LAWS  OF   IOWA. 

election  to  fill  the  vacancies,  giving  notice  in  the  same  manner  as  for 
the  annual  meeting  on  the  second  Monday  in  March.  [32  G.  A.,  ch. 
150;  28  G.  A.,  ch.  106;  24  G.  A.,  ch.  19;  C.  '73,  §§  1730,  1738;  R, 
§§  2037-38.] 

NOTES:  1.  Necessary  to  carry.  In  the  absence  of  a  direct  provision  of 
law,  or  of  a  by-law  requiring  a  majority  vote  of  all  the  board,  a  majority  of  the 
votes  of  a  quorum  will  carry  a  measure. 

2.  Removal.     Boards  have  no  authority  to  remove  any  member  or  officer 
of  tne  board.     Such  removal  may  be  made  only  by  the  courts.     Code,  section 
1251. 

3.  Neglect — misdemeanor.     Wilful  neglect  to  perform   duty  is  a   misde- 
meanor.    Code,  sections  4904,  4906. 

4.  Neglect — punishment.      If  a    director    habitually   or   wilfully   neglects 
the  duties  of  his  office  he  may  be  compelled  by  mandamus  to  perform  them. 
Section  2822.     50  Iowa,  648. 

5.  Vacancy — how  created.     A  vacancy  can  be  created  only  by  death,  re- 
moval, resignation,  or  failure  to  elect  at  tne  proper  election,  there  being  no  in- 
cumbent to  continue  in  office.     Code,  section  1266.     A  failure  to  elect  or  qualify 
does  not  create  a  vacancy,   for  the   incumbent,  whether  elected   or  appointed, 
continues  in  office  "until  his  successor  is  elected  and  qualified."     Code,  section 
1265.     If  the  incumbent  does  not  qualify,  a  vacancy  exists. 

6.  Resignation.     School  directors  may  resign  at  any  time.     A  verbal  or 
written  resignation  may  be  tendered  to  the  board  when  in  session,  or  a  written 
resignation  may  be  handed  to  some  member  to  be  presented  at  a  subsequent 
meeting,  for  acceptance  by  the  board. 

7.  Change  in  subdistrict.     If  a  subdistrict  is  divided,  so  as  to  form  a  new 
one,  the  resident  director  will  continue  to  act  as  though  no  change  had  been 
made,  until  the  organization  of  the  new  board  in  July  following  the  next  regular 
annual   election.     However,  on  the  first  Monday  in  March,   directors  shall  be 
chosen  according  to  the  new  subdistrict  boundaries.    Section  2802. 

8.  Legality  of  acts  of  de  facto  officers.     If  a  person  without  the  requisite 
qualifications,  is  elected  a  member  of  the  board  and  acts  with  the  board,  being 
a  member  de  facto,  his  acts  will  be  valid,  but  when  his  disqualification  becomes 
known,   the  board  shall   declare  the  place  vacant  and   appoint   his   successor. 
23  Iowa,  96.      110  Iowa,  382. 

9.  Ratification  of  acts  of  de  facto  officers.     A  board  may  ratify  or  adopt 
such,  acts  of  officers  de  facto  as  the  law  would  permit  officers  de  jure  to  per- 
form. 

10.  Qualification  of  officers.     See  section  2758. 

11.  Elections— regular.      Sections   2746,    2751,  2754,  2756. 

12.  Vacancy — term.     See  notes,  sections  2745  and  2758. 

SEC.     2772.    Temporary    officers — course     of     study — regulations. 

The  board  shall  appoint  a  temporary  president  and  secretary,  or  either 
of  them,  in  the  absence  of  the  regular  officers,  and  shall  prescribe  a 
course  of  study  for  the  schools  of  the  corporation,  make  rules  and  regula- 
tions for  its  own  government  and  that  of  the  directors,  officers,  teachers 
and  pupils,  and  the  care  of  the  schoolhouse,  grounds  and  property  of  the 
school  corporation,  and  aid  in  the  enforcement  of  the  same,  and  require 
the  performance  of  duty  by  said  persons  not  in  conflict  with  law  and 
said  rules  and  regulations.  [C.  '73,  §§  1730,  1737;  R.,  §  2037.] 

NOTES:  1.  Course  of  study.  The  board  of  every  district  sihould  adopt 
a  carefully  prepared  course  of  study,  to  which  the  electors  may  add  other 
1  rrmches.  This  department  recommends  and  urges  that  the  state  course  of 
Ft.udv  which  has  been  published  and  used  for  about  fifteen  years  be  adopted  in 
all  the  ungraded  schools. 

2.  Branches  required.  The  law  does  not  prescribe  clearly  the  several 
branches  that  shall  be  taught  in  the  public  schools,  further  than  to  require 


SCHOOL  LAWS   OF   IOWA.  49 

most  teachers  to  be  qualified  to  teach  certain  branches  enumerated  (section 
2734-d),  and  to  require  pupils  of  the  ages  of  seven  to  fourteen  to  attend 
some  school  in  which  the  common  branches  are  taught.  Sections  2823-a  to 
2823-i. 

3.  Branches  implied.     It  is   plainly  implied   that  the  common   branches, 
including  music,  are  to  be  included  in  every  course  of  study.     Section  2823-a. 

4.  Special  branches.     The  board  of  every  district  has  the  right  to  include 
drawing,  or  any  other  branch,  in  the  course  of  study. 

5.  Added  branches.      It  is   the  province   of  the  electors  to   decide   what 
branches  beside  those  named  by  the  'board  shall  be  included  in  the  course  of 
study  and  taught  in  the  schools.     Section  2749. 

6.  Different   course   for   different   schools.      If   it  is    desired    that   higher 
arithmetic,  or  any  other  advanced  study,  shall  be  taught  in  one  or  more  schools 
in  the  district,  the  board  should  include  such  branch  in   the  course  of  study 
for  such  school  or  schools. 

7.  Electors  may  not  restrict.     The  electors  may  not  limit  nor  restrict  the 
Doard  as  to  a  course  of  study.     The  most  that  the  electors  may  do  is  to  compel 
the  board   to   provide   for  giving  instruction   in   the  branches  ordered  by   the 
electors  to  be  taught  during  the  year.     44  Iowa,  564. 

8.  Rhetorical    and    graduating    exercises.      The    board    of    directors    may 
adopt  rhetorical  exercises  as  a  part  of  the  course  of  study,  and  teachers  and 
scholars   will   be   governed   thereby.     Graduating   exercises   are   a   part   of   the 
course  of  study  and  the  board  may  direct  what  exercises  shall  be  held  in  con- 
nection with  the  closing  days  of  school. 

9.  Classification.     In  mixed  schools  a  close  classification  is  very  desirable. 
Time  is  saved,  larger  classes  are  secured,  and  the  efficiency  and  discipline  of 
the  school  are  promoted  by  such  plan. 

10.  Half -day  attendance.     A  condition  may  exist  when  for  a  short  time 
a  board  may  be  compelled  to  provide  by  regulation  that  certain  pupils  shall 
attend  only  one-half  of  the  day,  and  others  of  the  same  grade  the  other  half. 
But  such  arrangement  should  not  be  a  permanent  one. 

11.  Equal  school  facilities.     A  board  is  discharging  the  duty  incumbent 
upon  it  to  provide  equal  school  facilities  for  all  when  it  does  the  very  best 
possible   to   overcome   difficulties,   and  leaves  nothing  undone   which   it   might 
properly  be  expected  to  do. 

12.  Board  as  managers.    Legally  speaking,  the  management  of  the  schools 
in  every  essential  respect  is  entirely  within  the  control  of  the  board.     Tea  .iers 
and  scholars  are  governed  by  the  reasonable  rules  and  regulations  adopted  by 
the  board.     In  the  absence  of,  a  rule  upon  any  special  subject  the  action  of  a 
teacher  is  supposed  to  be  in  effect  the  act  of  the  board  until  such  action  is  set 
aside  or  disclaimed  by  an  order  of  the  board  directing  otherwise.     Decisions, 
17,  38.     Sections  2745,  2782. 

13.  Control  of  property.     Each  board  has  exclusive  control  of  the  school- 
houses   in  its  district,  unless  the  school   township  meeting  has  otherwise  or- 
dered.    Sections  2745,  2782,  2749. 

14.  Trespassing.      In  an  extreme  case  it  may  be  necessary  to  bring  r,n 
action  in  the  name  of  the  state  before  a  peace  officer  against  any  person  or 
persons  wilfully  or  unlawfully  persisting  in  trespassing  upon  the  schoolhouse 
grounds  or  wilfully  interfering  with  or  disturbing  the  quiet  and  uninterrupted 
progress  of  a  public  school.     See  note  22. 

15.  Entering  unoccupied  schoolhouses.     If  any  tramp  or  vagrant,  without 
permission,  enter  any  schoolhouse  or  other  public  building  in  the  nighttime, 
when  the  same  is  not  occupied  by  another  or  others  having  proper  authority 
to  be  there,  or,  having  entered  the  same  in  the  daytime,  remain  in  the  same 
at  night  when  not  occupied  as  aforesaid,  or  at  any  time  commit  any  nuisance, 
use,  misuse,  destroy  or  partially  destroy  any  private  or  public  property  therein, 
he  shall  be  imprisoned  in  the  penitentiary  not  more  than  three  years,  or  be 
fined  not  exceeding  one  hundred  dollars  and  imprisoned  in  the  county  jail  not 
more  than  one  year.     Code,  section  4793. 

16.  Security   for  use.     The  board   should   require   from  parties   desiring 
to  use  the  schoolhouse,  security  for  its  proper  use  and  protection  from  other 
injury  than  natural  wear. 


50  SCHOOL  LAWS   OF   IOWA. 

17.  Use — public  worship.     It  is  proper  to  permit  the  use  of  schoolhouses 
for  the  purpose  of  public  worship  on  Sunday,  or  for  religious  services,  public 
lectures    on    moral   or    scientific   subjects,    or    meetings   on    questions   of    public 
interest,  on  the  evenings  of  the  wee!*,  cr  at  any  time  when  such  use  will  not 
interfere  with  the  regular  progress  of  the  school.     Especially  is  this  so  where 
abundant  provision  is  made  for  securing  any  damages  which  the  taxpayer  may 
suffer  by  reason  of  the  use  for  the  purposes  named.     The  use  of  a  schoolhonse 
for  such  purposes,  when  so  authorized,  is  not  prohibited  by  section  3,  article 
1,  of  the  constitution.     35  Iowa,  194;   50  Iowa,  11. 

18.  Charge  for  admission.     It  is  not  in  accordance  with  the  meaning  of 
the  law  and  the  decisions  of  the  courts  to  allow  a  schoolhouse  to  be  used  for  a 
purpose  requiring  an  admission  fee.     This  does  not  prevent  a  contribution  be- 
ing taken,  but  we  think  free  admission  should  not  be  denied. 

19.  None  excluded.     It  is  believed  that  no  discrimination  should  be  made 
as  to  who  may  attend  meetings  held  in  a  schoolhouse.     To  make  membership 
in   a  particular   society  a  test  for   attendance   upon   the   meeting   would   seem 
to  be  in  conflict  with  the  intention  of  the  law. 

20.  Voting  place.     In  precincts  outside  of  cities  and  towns  the  election 
shall  be,  if  practicable,  held  in  the  public  school  building,  for  the  use  of  which 
there  shall  bo  no  charge,  but  all  damage  to  the  building  or  furnitnro  shall  be 
paid  by  the  county.     Code,  section  1113. 

21.  Defacing.     If  any  person  wilfully  write,  make  marks  or  draw  char- 
acters on  the  walls  or  any  other  part  of  any  church,  college,  academy,  school- 
house,  courthouse  or  other  public  building,  or  on  any  furniture,  apparatus  or 
fixtures  therein;    or  wilfully  injure  or  deface  the  same,  or  any  wall  or  fence 
inclosing  the  same,   he  shall   be  fined   not  exceeding  one  hundred  dollars,   or 

.  imprisoned  in  the  county  jail  not  more  than  thirty  days.     Code,  section  4802. 

22.  Disturbing  school.      If  any  person  wilfully  disturb  any  assembly  of 
persons  met  for  religious  worship  by  profane  discourse  or  rude  and  indecent 
behavior,  or  by  making  a  noise,  either  within  the  place  of  worship  or  so  near 
as  to  disturb  the  order  and  solemnity  of  the  assembly,  or  if  any  person  wilfully 
disturb  or  interrupt  any  school,  school  meeting,  teachers'  institute,  lyceum,  liter- 
ary society  or  other  lawful  assembly  of  persons,  he  shall  be  punished  by  im- 
prisonment in  the  county  j'aU  not  more  than  thirty  days,  or  by  fine  not  exceed- 
ing one  hundred  dollars.     Section  4959. 

23.  Rules  adopted  by  boards — interference.     A  rule  adopted  by  a  school 
board   for   the  government  of   the   school   will   not  he   interfered   with  by   the 
courts  unless  it  is  so  unreasonable  as  to  amount  to  an  abuse  of  power.     129 
Iowa,  HI.  • 

24.  Violation  of  rules.     The  determination  by  a  school  board  that  a  rule 
which    it   had    rower   to   make    for    the    government   of    the    school    had    been 
violated  will  not  be  reviewed  by  the  courts.     129  Iowa,  441. 

25.  Special    classes.      The    parent    cannot    expect    that    a    class    s'hall    be 
formed  whenever  psl^ed  for  at  any  time  in  the  school  year,  for  the  special  ac- 
commodation  of   one  or   more   to    the   disadvantage  of   the   many   and   to   the 
detriment  of  the  school.     Section  2772. 

26.  Classification  necessary.     It  is  quite  necessary  to  carry  out  carefully 
a  close  plan  of  classification  and  instruction,  and  to  provide  what  time  in  the 
year  certain  classes  shall  begin  the  study  of  the  branches  to  be  taught  during 
that  portion  of  the  year.     To  this  end  this  department  recommends  and  urges 
the  adopt'on  of  the  state  course  of  study  in  all  ungraded  schools. 

27.  Beginners.      Authority  to  prescribe   the  course   of   study  confers   the 
power  to  determine  when  classes  in  any  subject  may  be  organized.     Under 
this    authority,    school    boards    may    determine    when    beginning    classes    in 
primary  work   shall   be  organized. 

28.  Admission  of  beginners.     All  persons  of  the  ages  of  five  to  twenty- 
one  who  are  actual  residents  of  a  school  corporation  may  attend  some  school 
in  said  corporation,  provided  they  are  able  to  be  classified  under  the  course 
of  study  and  rules  prescribed  by  the  board.     Those  who  have  never  attended 
school,   or   who   have   not   received   sufficient   instruction   to   enable   them   to 
take  the  work  of  some  class  already  organized,  may  demand  admission  only 
when  a  beginning  class  is  organized. 


SCHOOL  LAWS  OP  IOWA.  51 

29.  Branches   completed   before   promotion.      It  is   within   the   power   of 
a  board  to  require  the  study  of  the  common  branches,  or  of  other  elementary 
studies  that  are  in  the  course  of  study  adopted  by  the  (board,  before  advancing 
the  scholar  to  other  more  difficult  subjects. 

30.  Attendance  denied.     If  a  child  becomes  the  source  of  undue  annoy- 
ance to  others,  although  through  no  fault  of  his  own,  he  may,   if  absolutely 
necessary  for  the  good  of  the  school,  be  forbidden  attendance.     31   Iowa,  562, 
top  of  page  569.     Section  2782. 

31.  Purpose  of  the  law.     On  the  other  hand  the  spirit  of  our  laws  does 
not   support   an   interference  with   personal  or   individual   rights   except  when 
such  control  or  restriction  may  become  absolutely  necessary  in  order  to  pro- 
tect others   in  the   enjoyment  of  the   rights  guaranteed  to   them   by   the  law. 
The  true  idea  is  to   bring  all  of  school  age  within  the  salutary  influence  of 
the  school  and  to  keep  them  there  if  possible. 

32.  Control  of  pupil.      Undoubtedly  the   parent  and   teacher   have   joint 
control  over  the  scholar  on  his  way  to  and  from  school.     The  pupil  becomes 
subject  to  the  control  of  the  board  as  soon  as  he  leaves  home  for  school  and 
continues  within  such  control  until  he  again  reaches  the  home  of  the  parent. 
It  is  very  desirable  that  co-operation  and  a  mutual  desire  to  promote  the  best 
good  of  the  scholar  should  be  sought  by  the  parents  and  the  school  authori- 
ties.    129  Iowa,  441. 

33.  Teacher  to  determine  subjects.     It  is  the  duty  of  the  teacther,  under 
the  direction  of  the  board,  to   determine  what  branches  can  best  be  pursued 
by  each  scholar.     Section  2772. 

34.  Branches    understood   in    course.      Without    special   mention    in   the 
teacher's  contract,  it  is  understood  that  only  the  usual  common  branches  and 
those  included  in  the  course  of  study  for  the  school  are  expected  to  be  taught. 
Section  2778. 

35.  Subjects  must  be  included.     If  it  is  desired  that  higher  arithmetic 
or  any  other  advanced  study,  shall  be  taught  in  one  or  more  schools  in  the 
district,  the  board  should  include  such  branch  in  the  course  of  study  for  such 
school  or  schools,  and  require  the  teacher  to  obtain  a  valid  certificate  in  such 
branch  before  beginning  school.     Sections  2749,  2772. 

36.  Subjects  not  in  course.     It  is  not  within  the  province  of  individual 
persons  to  demand  instruction  outside  the  branches  in  the  course  of  study. 

37.  Physiology   mandatory.      Every  scholar    must  study  pihysiology   and 
hygiene,   including  the   effects   of   stimulants   and   narcotics,   until   the   outline 
upon  that  branch,  as  prepared  by  the  board,  has  been  completed.     Section  2775. 

38.  Follow  course.     It  becomes  the  duty  of  every  teacher  to  follow  the 
plan  of  work  indicated  in  the  course  of  study.     When  difficulties  are  met,  if 
no  other  person  has  general   supervision,  the  matter  may  be  brought  to  the 
attention  of  the  board.     Section  2772. 

39.  Board   has    control    of   classification.      As    regards    classification,   the 
board   has   absolute   control.     But  as   the  teacher   is  by  common   consent  pre- 
sumed to  know  what  will  be  best  for  all,  custom  has  left  to  him  the  making 
of  the  program  and  the  placing  of  scholars  in  the  proper  classes.     Section  2772. 

40.  When  not   entitled  to  promotion.      If   a   scholar  is   found   to   be   so 
deficient  in  the  common  branches  that  he  is  unable  to  take  the  work  in  a  class 
more  advanced,  without  detriment  to  the  class  and  to  himself,  it  is  plain  that 
he  may  be  classified  in  each  branch  where  he  is  likely  to  receive  the  greatest 
good.     The  penalty  for  not  pursuing  a  suitable  course  of  study  will  be  found 
in   the   fact   that   such   scholars   may   be   denied   promotion,   and   may   not   be 
allowed  to  graduate. 

41.  Aids   and  apparatus.      In   connection   with   the   course   of  study,   the 
board  should  designate  the  teaching  helps  and  apparatus  to  be  used,  and  should 
also  arrange  to  furnish  such  appliances  as  soon  as  they  are  needed. 

42.  Compulsory  attendance.     Sections  2823-a  to  2823-i. 

43.  Power  to  make  a  rule — how  determined.     While  the  review  of  the 
action  of  a  school  board  with  reference  to  a  matter  within  its  jurisdiction 
is  by  appeal  to  the  county  superintendent,  yet  the  question  as  to  whether 
the  board  had  power  to  make  the  rule  can  be  reviewed  by  the  court  in  a 
mandamus  proceeding.      129   Iowa,   441. 

44.  Expulsion  of  scholar — dismissal  of  teacher — enforcement  of  regula- 
tions.    Section  2782. 


52  SCHOOL  LAWS  OP  IOWA. 

SEC.  2773.     Schoolhouse  site — division  of  district — length  of  school. 

It  may  fix  the  site  for  each  schoolhouse,  taking  into  consideration  the 
geographical  position,  number  and  convenience  of  the  scholars,  provide 
for  the  fencing  of  schoolhouse  sites,  determine  the  number  of  schools  to 
be  taught,  divide  the  corporation  into  such  wards  or  other  divisions  for 
school  purposes  as  may  be  proper,  determine  the  particular  school  which 
each  child  shall  attend,  and  designate  the  period  each  school  shall  be 
held  beyond  the  time  required  by  law.  Every  school  shall  be  free  of 
tuition  to  all  actual  residents  between  the  ages  of  five  and  twenty-one 
years,  and  each  school  regularly  established  shall  continue  for  at  least 
twenty-four  weeks  of  five  school  days  each,  in  each  school  year  com- 
mencing the  first  of  July,  unless  the  county  superintendent  shall  authorize 
the  board  to  shorten  this  period  in  any  one  or  more  schools,  when  in  his 
judgment  there  are  sufficient  reasons  for  so  doing.  No  school  shall  be 
in  session  during  the  time  of  holding  a  teachers'  institute  except  by 
written  permission  of  the  county  superintendent.  [31  G.  A.,  Ch.  136 
§  8;  19  G.  A.,  ch.  172,  §  21;  17  G.  A.,  ch.  54;  15  G.  A.  ch.  57;  C.  '73,  §§ 
1724,  1727,  1769;  R.,  §§  2023,  2037.] 

NOTES:  1.  Power  to  locate  school  site.  The  power  to  locate  sites  for 
schoolhouses  is  vested,  originally,  exclusively  in  the  board.  This  authority 
should  be  exercised  with  great  care  and  without  prejudice.  The  electors  may 
not  definitely  limit  a  board  by  vote  or  instructions.  If,  however,  taxes  or 
bonds  have  been  voted  to  build  upon  a  particular  site,  the  board  may  not 
disregard  such  vote.  100  Iowa,  317.  Decisions,  20,  29,  39. 

2.  Change  of  site.     The  directors  of  a  school  township  have  the  power 
under  code,  section  2773,  to  change  the  site  of  a  schoolhouse  without  authority 
by  vote  of  the  electors  of  the  district.     123  Iowa,  199. 

3.  Expediency  of  removal.      The  expediency  of  removal  cannot  be  con- 
sidered upon  an  application  for  injunction;  nor  will  the  action  of  the  board  be 
considered  on  a  simple  allegation  that  it  was  surreptitiously  taken  in  the  ab- 
sence of  a  statement  of  facts  upon  wihich  the  complaint  was  based.     123  Iowa, 
199.     See  also  Kinney  v.  Howard,  110  N.  W.,  282. 

4.  Removal  of  schoolhouse.     The  removal  of  a  schoolhouse  to  another 
site  within  the  same  subdistrict  is  entirely  within  the  control   of  the  board, 
and  a  vote  of  either  the  electors  of  the  subdistrict  or  of  the  school  township 
will  be  only  suggestive.     81  Iowa,  335. 

5.  Wishes  of  electors  considered.     The  wishes  of  the  people,  for  whom 
the  house  is  designed,  should  be  consulted  as  far  as  practicable,  taking  into 
account  prospective  as  well  as  present  needs  of  all  the  people  of  the  district. 
Decisions,  20,  24  and  70. 

6.  Reasonable  distance.     There  is  nothing  in  the  law  fixing  a  standard 
as  to  what  is  to  be  considered  a  reasonable  distance  for  children  to  travel  to 
school.    Attendance   in   an   adjoining  district  under  such  circumstances  as  to 
secure  the  payment  of  tuition  to  the  adjoining  district  is  governed  by  the  pro- 
visions of  section  2803.     Decisions,  96. 

7.  Removal  of  schoolhouse  from  subdistrict.     The  removal  of  a  school- 
house  from  the  subdistrict  must  be  first  ordered  by  the  electors,  at  the  town- 
ship meeting.     Decisions,  15. 

8.  Site  on  highway.     There  are  many  obvious  reasons  why  a  schoolhouse 
site  should  not  be  located  away  from  the  highway.     It  is  highly  desirable  that 
the  necessary  highways  to   a  new  site  should  be  open  before  a  schoolhouse 
is  placed  upon  such  site. 

9.  Suggestive  votes  not  mandatory.     A  vote  of  the  electors  upon  matters 
which  by  the  law  are  to  be  determined  by  the  board,  is  not  binding  upon  the 
board,  but  is  only  suggestive  to  it.     In  such  matters  the  (board  will  still  be  left 
free  to  exercise  the  large  discretion  vested  in  it  by  the  law.     81  Iowa,  335. 

10.  .Removal  in  case  of  change  in  district.     As  a  change  of  boundaries 
between  subdistricts  does  not  take  effect  until  the  organization  of  the  new 


SCHOOL  LAWS  OP  IOWA.  53 

board  elected  in  March  following  the  change,  the  board  may  not  move  the 
schoolhouse  to  accommodate  the  proposed  new  conditions  until  after  that  time. 

11.  Should  own  sites.     If  possible,  the  district  should  own  the  sites.     A 
perfect  title  should  be  secured,  and  the  warranty  deed  recorded,  before  com- 
mencing to  build.     The  property  should  be  conveyed  to  the  district  in  its  corpo- 
rate name.     The  deed  should  be  recorded  and  afterwards  filed  with  the  presi- 
dent.    Form  26. 

12.  Abstract.     In  purchasing  the  grounds  for  schoolhouse  purposes  the 
president  should  require  an  abstract  of  title  and  satisfy  himself  that  the  prop- 
erty is  free  from  incumbrance. 

13.  Public  square  as  site.     A  'public  square,  of  a  town  located   wholly 
within  an  independent  district,  may  be  transferred  to  such  district  for  school 
purposes.     Code,  sections  931-932. 

14.  Size  of  rural  site.     A  rural  site  should  contain  not  less  than  one  acre 
of  ground,  ordinarily,  and  this  exclusive  of  highway.     In  consolidated  cor- 
porations  (section  2794-a)   and  school  townships  owning  but  two  sites,  not 
to  exceed  four  .acres  may  be  acquired.     Section  2814. 

15.  When  section  2814  does  not  apply.     The  provisions  of  section  2814 
do  not  apply  when  the  site  is  purchased. 

16.  Number   necessary.      The   law   does   not   provide   the   number   to   be 
accommodated  by  a  new  house  in  order  that  one  may  be  built.     Decisions,  55. 

17.  More  than  one  schoolhouse.     There  is  nothing  in  law  to  prevent  the 
erection  of  more  than  one  schoolhouse  in   a  subdistrict.     69   Iowa,   533.     De- 
cisions, 55. 

18.  Fencing  school  site — mandatory.     Sections   2745-a  and   2745-b. 

19.  Lawful  fence.     Section  2367  of  the  code  defines  a  lawful  fence.     The 
same  section  provides  that  a  partition  fence  may  be  made  tight  by  the  party 
desiring  it. 

20.  Fence  viewers.      Any  question   upon   which   there   is   a   difference  of 
opinion  between  parties  should  be  submitted  to  the  township  trustees,  who  act 
as  fence  viewers,  and  determine  matters  in  controversy.     Section  2367. 

21.  No  holidays.     Tfhere  are  no  holidays  during  which  teachers  are  ex- 
empted by  the  law  from  teaching,  unless  excused  by  the  board.    A  legal  con- 
tract requires  twenty  days  of  actual  service  for  a  month. 

22.  Legal   holidays.      In    this   state,   toy    common    consent   and    universal 
custom,  New  Year's  Day,  Memorial  Day,  Fourth  of  July,  Labor  Day,  Christmas 
and  any  day  recommended  by  the  governor  or  the  president  as  a  day  of  thanks- 
giving, are  observed  as  holidays. 

23.  Board    may    allow    holidays.      It   is    the    commendable   custom    with 
very  many  boards  to  allow  teachers  and  scholars  the  so-called  holidays,  and 
to  pay  the  teachers  as  if  those  days  had  been  taught. 

24.  Visiting  other  schools.     There  is  no  provision  of  law  giving  teachers 
time  to  visit  other  schools.     Boards  often  grant  teachers  this  privilege,  under 
proper  restrictions. 

25.  Teaching  on  Saturday.     By  consent  of  the  board,  an  occasional  Sat- 
urday may  be  taught.     But  as  five  days  are  a  school  week,  the  practice  is  not 
to  be  commended. 

26.  Effect  of  custom.     If  no  action  has  been  taken  by  the  board  and  the 
contract  contains  no  provision  relating  to  the  matter,  the  custom  prevailing  in 
that  school  will  probably  govern  as  to  the  matter  of  beginning  and  closing 
school  sessions,  intermissions,  and  other  like  particulars.     It  is  well  for  the 
board  and  the  teacher  to  have  an  agreement  in  matters  of  this  kind. 

27.  School   day — length.      While  the   written   law   does   not  specify   the 
length  of  a  school  day,  almost  universal  custom  has  made  it  six  hours.     The 
board  has  the  power  to  shorten  or  lengthen  this  time  somewhat  if  thought 
best.     If  no  action  has  been  taken  by  the  board,  and  a  contract  contains  no 
provision   relating  to   the   matter,   the  custom   prevailing  in   the  district  will 
probably  govern. 

28.  Night  schools-extra  compensation.      It  is   within  the  power   of  the 
board  to  maintain  a  night  school.     No  person  may  receive  pay  from  the  funds 
of  the  district  for  giving  instruction  outside  of  the  school  hours  fixed  by  the 
board  nor  for  teaching  without  a  certificate.     Section  2788. 

29.  Number  months  of  school.     As  regards  the  length  of  time  during 


54  SCHOOL  LAWS  OF  IOWA. 

which  schools  are  to  be  taught,  twenty-four  weeks  is  the  minimum.  Above 
this  it  is  entirely  within  the  discretion  of  the  board  to  determine  the  number 
of  months  of  school,  the  time  when  schools  begin,  the  length  of  term,  and  the 
time  'and  length  of  vacations.  The  maximum  is  unlimited,  except  as  by  section 
2806,  limiting  the  amount  of  taxes  for  contingent  and  teachers'  fund. 

30.  Amount  of  school.      The   regular   schools  of  the   district   should   be 
kept  in  session  an  equal  number  of  months,  unless  the  time  is  shortened  or 
the  school  closed  with  the  consent  of  the  county  superintendent.     47  Iowa,  11. 

31.  Attendance — how   determined.      Attendance   is    not    necessarily    gov- 
erned by  subdistrict  lines.     Usually  and  naturally  in  school  townships  the  sub- 
district  will  form  a  suitable  division  for  attendance.     The  board  may  determine 
what   school    in    the    township    children    shall    attend,    without    regard    to    the 
boundaries  of  subdistricts. 

32.  Subdistrict — voting.     Subdistrict  lines  determine  who  may  vote   for 
director  of  the  subdistrict,  and  also  fix  the  limits  of  taxation,  if  the  voters  of 
a  subdistrict  vote  a  schoolhouse  tax  upon  the  subdistrict. 

33.  Paupers — attendance  tuition.     Poor  children,  when  cared  for  at  the 
poor-house,  shall  attend  the  district  school  for  the  district  in  which  such  house 
is  situated,  and  a  ratable  proportion  of  the  cost  of  the  school,  based  upon  the 
attendance  of   such    poor   children   to    the   total    number  of   days'    attendance 
thereat,  shall  be  paid  by  the  county  into  the  treasury  of  such  school  district, 
and  charged  as  part  of  the  expense  of  supporting  the  poor-house.     Code,  section 
2249. 

34.  Board  must  provide  school.     If  a  board  does  not  maintain  a  school 
and  does  not  secure  the  release  from  the  county  superintendent,  then  any  one 
legally  interested  may  apply  to  a  court  for  a  writ  to  compel  the  board  to  per- 
form its  duty  in  the  matter  and  to  supply  school  privileges. 

35.  More  than  one  school.    The  board  may  establish  more  than  one  school 
when  necessary  for  the  accommodation  of  the  children,  subject  to  the  limita- 
tions in  section  2806.     An  additional  school  in  a  rented  room  continues  during 
such  time  as  the  board  may  determine.     Section  2774. 

36.  Salary  determined  by  needs.     Inequalities  in  the  requirements  may 
demand   that  varying   prices   should   be   paid   as   wages   for   different   schools. 
Decisions,  24. 

37.  School  year.     The  school  year  for  school  'purposes  should  be  regarded 
as  beginning  on  the  first  day  of  July.     The  year  for  the  reports  closes  June 
30th.     Sections  2757,  2765,  2769. 

38.  Who  entitled  to  school — color.     All  the  youth  of  the  state  from  five 
to   twenty-one  years  of   age,   irrespective  of   religion,   race  or   nationality,  are 
entitled  to  the  same  school  facilities.     While  schools  may  be  graded  according 
to  the  proficiency  of  pupils,  no  discrimination,  such,  for  instance,  as  requiring 
colored  pupils  to  attend  separate  schools,  can  be  enforced.     24   Iowa,  ,266.     41 
Iowa,  689. 

SEC.  2774.  Renting  room — instruction  in  other  schools — transporta- 
tion of  children.  It  may,  when  necessary,  rent  a  room  and  employ 
a  teacher,  where  there  are  ten  children  for  whose  accommodation  there 
is  no  schoolhouse ;  and  when  the  board  is  released  from  its  obligation  to 
maintain  a  school,  or  when  children  live  at  an  unreasonable  distance 
from  their  own  school,  the  board  may  contract  with  boards  of  other 
school  towns-hips  or  independent  districts  for  the  instruction  of  children 
thus  deprived  of  school  advantages,  in  any  school  therein,  and  the  cost 
thereof  shall  be  paid  from  the  teachers'  fund.  And  when  there  will  be 
a  saving  of  expense,  and  children  will  also  thereby  secure  increased 
advantages,  it  may  arrange  with  any  person  outside  the  board  for  the 
transportation  of  any  child  to  and  from  school  in  the  same  or  in  an- 
other corporation,  and  such  expenses  shall  be  paid  from  the  contingent 
fund.  [21  G.  A.,  ch.  124;  16  G.  A.,  ch.  109;  C.  '73,  §  1725.] 

NOTES:      1.  Extra   school.      The   board   cannot   provide   an    extra   school 


SCHOOL  LAWS   OF   IOWA.  55 

for  the  accommodation  of  a  less  number  than  ten  persons  of  school  age.  The 
board  may,  showever,  provide  for  ttheir  instruction  in  other  school  corporations, 
and  may,  if  necessary,  provide  for  their  transportation.  Decisions,  111. 

2.  Appeal.     From  the  action  of  the  board  with  regard  to  an  additional 
school,  an  appeal  will  lie  to  the  county  superintendent.     If  it  is  clearly  shown 
to  the  county  superintendent  that  the  board  a/bused  its  discretion  in  providing 
or  in  refusing  to  provide  such  a  school,  he  may  on  appeal  reverse  its  action, 
and  do  what  the  board  might  have  done. 

3.  Board  may  not  be  paid.     The  'board  of  scholars  may  not  be  paid  by 
the  district. 

4.  Consent  necessary.     The  board,  before  closing  a  school,  should  procure 
the  consent  of  the  county  superintendent.     Section  2773. 

SEC.  2775.  Instruction  as  to  stimulants,  narcotics  and  poisons.  It 
shall  require  all  teachers  to  give  and  all  scholars  to  receive  instruction 
in  physiology  and  hygiene,  which  study  in  every  division  of  the  subject 
shall  include  the  effects  upon  the  human  system  of  alcoholic  stimulants, 
narcotics  and  poisonous  substances.  The  instruction  in  this  branch 
shall  of  its  kind  be  as  direct  and  specific  as  that  given  in  other  essen- 
tial branches,  and  each  scholar  shall  be  required  to  complete  the  part 
of  such  study  in  his  class  or  grade  before  being  advanced  to  the  next 
higher,  and  before  being  credited  with  having  completed  the  study  of 
the  subject.  [21  G.  A.,  ch.  1.] 

NOTES:  1.  Scope.  This  study  must  begin  in  the  lowest  primary  class. 
In  what  grade  or  class  it  shall  -be  completed  is  to  be  determined  by  the  'board. 

2.  Methods   of   instruction.      Primary   classes   must    be   instructed    orally, 
as  the  children  are  not  old  enough  to  use  or  comprehend   a  book.     But  this 
oral  instruction  must  be  outlined  as  a  course,  and  adopted  by  each  board.     The 
portion  assigned  to  each  grade  or  class  should  be  thoroughly  mastered  ;before 
more   advanced   work   is   entered   upon.     The   work   will   be  best  accomplished 
with  the  older  scholars  by  the  use  of  a  suitable  text-bock,  which  it  is  the  duty 
of  every  board  to  select  and  adopt.     Many  other  harmful  effects,  very  properly 
emphasized  in  public  lectures,  are  not  required  to  be  taught  in  the  class  room. 

3.  Spirit  of  law  observed.     Teachers  should  be  careful  to  give  instruction 
in    accordance    with    the    spirit    of    the   law.     The    law    contemplates    that   the 
noxious  effects  upon  the  system  of  the  user  of  any  of  the  articles  named  shall 
be  taught. 

4.  Tobacco^— use  of.     The  board   may  forbid   the   use  of  tobacco  on  the 
school  grounds. 

5.  Total  abstinence.     It  is  not  out  of  place  to  emphasize  the  truth  that 
total  abstinence  is  the  only  sure  way  to  escape  the  evils  arising  from  the  use 
of  alcoholic  drinks  and  tobacco. 

6.  Cigarette   habit.      The   alarming   increase   of   the  cigarette   habit   calls 
for  united   and   aggressive   action   in   removing   from   the   growing   boy   as   far 
as  we  can  possibly  do  so,  the  temptation  and  opportunity  to  purchase  tobacco. 
In  this  way  value  will  be  added  to  the  instruction  required  to  be  given  in  all 
public  schools  as  to  the  effects  of  narcotics.     Section  5005. 

7.  Co-operate  with  authorities.     We  urge  upon  all  teachers  to  co-operate 
with  the  authorities  and   with  all   other  persons   in   creating  and   fostering  a 
sentiment  favoring  a  rigid  enforcement  of  the  law  regarding  the  sale  or  giving 
of  tobacco  to  (boys.     Code,  section  5005. 

8.  Mandatory.      Every    scholar  must   study   physiology    and   'hygiene,    in- 
cluding the   effects   of   stimulants   and   narcotics,   until   the   outline   upon    that 
branch,  as  adopted  by  the  board,  has  been  completed.     The  law  does  not  mean 
that  a  scholar  must  necessarily  study  this  branch  continuously  during  his  en- 
tire school  life,  unless  the  course  of  study  adopted  by  the  board  so  provides. 

9.  Responsibility  of  the  board.     A  board  cannot  shift  the  responsibility 
by   simply   providing  that   teachers   shall   give   instruction   in   this  'branch.     It 
must  provide  for  instruction  in  this  subject  in  the  course  of  study  and  see  to 
it  that  the  work  is  actually  done  by  teachers  as  the  law  requires. 


56  SCHOOL  LAWS  OF  IOWA. 

10.  Duty  of  county  superintendent.     County  superintendents  should  know 
that  every  teacher  is  complying  fully  with  this  statute,  and  any  teacher  failing 
or  refusing   to   teach  as   required,   may   not  toe  permitted   to  continue   in   the 
work  of  teaching. 

11.  Enforcement.     The  proper  remedy  to  secure  an  enforcement  of  these 
provisions,  as  of  other  mandatory  requirements,  is  application  to  a  court  of 
law  for  a  wnit  of  mandamus.     Code,  .section  4341. 

SEC.  2776.  Higher  schools — union  schools.  It  shall  have  power  to 
maintain  in  each  district  one  or  more  schools  of  a  higher  order,  for  the 
better  instruction  of  all  in  the  district  prepared  to  pursue  such  a  course 
of  study,  and  it  may  establish  graded  or  union  schools  and  determine 
what  branches  shall  be  taught  therein,  but  the  course  of  study  shall  be 
subject  to  the  approval  of  the  superintendent  of  public  instruction ;  and 
it  may  select  a  person  who  shall  have  general  supervision  of  the  schools 
in  any  district  subject  to  the  control  of  the  board.  [C.  '73,  §  1726; 
R.,  §  2037.] 

NOTES:  1.  Course  of  study.  With  its  power  to  establish  and  maintain 
graded  and  higher  schools,  every  board  is  invested  with  authority  to  prescribe 
a  course  of  study  in  the  different  branches  to  be  taught.  Section  2772. 

2.  Township  high  school.      A  high  school,  open  to  the  older  and   more 
advanced  scholars,  may  be  advantageously  established   at  some  central  point 
in  the  school  township. 

3.  Co-operation.     It  is  very  desirable  that  boards,  county  superintendent, 
and  teachers  should  wo-rk  together  in  efforts  to  classify  and  harmonize  the 
work  to  be  done  in  the  ungraded  schools.     Much  may  be  accomplished  by  con- 
cert of  action  in  carrying  forward  some  uniform  method  of  classification  and 
instruction. 

4.  Electors  may  not  limit.     The  electors  may  not  limit  nor  restrict  the 
board  to  the  adoption  of  a  course  of  study  including  only  such  branches  as  the 
electors  may  name.     Nor  may  the  electors  direct  that  a  particular  branch,  or 
certain  studies,  shall  not  be  taught.     It  is  the.  province  of  the  electors  to  de- 
cide what  branches  beside  those  named  by  the  board,  shall  be  included  in  the 
course  of  study  and  taught  in  the  schools.     Section  2749. 

5.  Graded  or  union  school — meaning.     The  best  use  of  the  term  graded 
or  union  school  is  that  referring  to  a  group  of  different  schools  or  rooms  con- 
taining scholars  of  varying  ages  and  attainments,  but  divided  by  rooms  and 
classes  into  sections  in  which  each  may  do  the  best  work  and  gain  for  himself 
the  greatest  good. 

SEC.  2777.  Kindergarten  department.  The  board  may  establish 
within  any  independent  school  district,  in  connection  with  the  common 
schools,  kindergarten  departments  for  the  instruction  of  children,  to  be 
paid  for  in  the  same  manner  as  other  grades  and  departments.  Any 
teacher  in  kindergartens  shall  hold  a  certificate  from  the  county  super- 
intendent certifying  that  the  holder  thereof  has  been  examined  upon 
kindergarten  principles  and  methods,  and  is  qualified  to  teach  in  kin- 
dergartens. [26  G.  A.,  ch.  38.] 

NOTES:  1.  Instruction  below  school  age.  It  may  well  be  doubted  whether 
the  board  in  any  district  may  provide  for  the  instruction  of  children  below  the 
minimum  school  age.  The  constitution  of  the  state  does  not  seem  to  contem- 
plate that  public  money  shall  be  used  to  provide  schooling  for  any  below  five 
years  of  age.  Section  2773. 

2.  Kind  c*  license  necessary.  A  teacher  in  a  kindergarten  department 
must  be  the  holder  of  a  kindergarten  certificate.  No  other  kind  of  certificate 
will  authorize  one  to  teach  in  suf  a  a  department. 


SCHOOL  LAWS   OF   IOWA.  57 

SEC.  2778.  Contracts — election  of  teachers.  The  board  shall  carry 
into  effect  any  instruction  from  the  annual  meeting  upon  matters  within 
the  control  of  the  voters,  and  shall  elect  all  teachers  and  make  all  con- 
tracts necessary  or  proper  for  exercising  the  powers  granted  and  per- 
forming the  duties  required  by  law.  But  the  board  may  authorize  any 
subdirector  to  employ  teachers  for  the  schools  in  his  subdistrict.  Con- 
tracts with  teachers  must  be  in  writing,  and  shall  state  the  length  of 
time  the  school  is  to  be  taught,  the  compensation  per  week  of  five  school 
days  or  month  of  four  weeks,  and  such  other  matters  as  may  be  agreed 
upon,  signed  by  the  president  and  teacher,  and  filed  with  the  secretary 
before  the  teacher  commences  to  teach  under  such  contract.  [28  G.  A., 
ch.  107;  22  G.  A.,  ch.  60;  C.  '73,  §§  1723,  1757;  R.,  §§  2037,  2055.] 

NOTES:  1.  Duty  of  board.  The  law  requires  the  board  to  make  all  con- 
tracts necessary  to  carry  out  any  vote  of  the  district,  and  the  president  to  sign 
all  contracts  made  by  the  board.  Section  2759.  Decisions,  111. 

2.  Erection  of  schoolhouse.     It  is  the  duty  of  the  board  to  make  contracts 
for  the  erection  of  schoolhouses,  when  the  means  have  been  provided  by  the 
electors. 

3.  Powers  of  electors  limited.     The  electors  frequently  assume  to  exercise 
powers  not  granted  them  by  the  law.     They  have  only  such   powers  as  are 
specifically  named  in  the  law. 

4.  Vote  rescinded.      A  vote  of  the  board   may  be  rescinded,  if  matters 
have  not  become  involved  making  such  reconsideration  impossible,  such  as  the 
acceptance  of  a  contract  under  the  vote  in  question,  or  tbe  filing  of  an  appeal. 

5.  Power  may  not  be  delegated.     The  responsibility  of  choosing  teachers 
may  not  be  transferred  to  persons  outside  the  board.    They  must  all  be  elected 
by  the  board,  except  in  school  townships  wherein  the  board  may  at  its  dis- 
cretion authorize  any  subdirector  to  employ  teachers  for  his  subdistrict. 

6.  Director  as  teacher.     If  a  director  desires  to  teach  the  school  in  his 
own  subdistrict,  he  should  first  resign  as  director,  because  it  would  not  only  be 
unwise  but  contrary  to  public  policy  to  permit  a  board  of  directors  to  contract 
in  the  name  of  the  district  with  one  of  its  own  number.     78  Iowa,  37. 

7.  Duration  of  contracts.     Our  supreme  court  has  held  "that  an  exam- 
ination of  the  statutes  leads  to  the  inevitable  conclusion  that  the  legislature 
intended  such  contracts  to  be  limited  in  duration  to  the  school  year  as  deter- 
mined by  the  board  of  directors."     107  Iowa,  29. 

8.  Outgoing  board  without  authority.     The  opinion  last  cited  also  makes 
it  plain  that  no  board  of  directors  has  the  right,  prior  to  the  election  and  or- 
ganization of  the  new  board,  to  elect  and  contract  with  a  teacher  for  the  en- 
suing year. 

9.  Opinions  on  question  of  contract.     The  department  of  public  instruc- 
tion should  not  be  expected  to  give  any  opinion  upon  questions  involving  the 
validity  of  a  contract.     Such  questions  are  for  the  courts. 

10.  Compensation  of  teachers.     The  board  should  grant  a  compensation 
to  be  paid   the   teacher  according  to   the   circumstances   and   requirements  of 
each  school. 

11.  Contracts.     The  law  specifically  requires  that  contracts  with  teachers 
must  be  in  writing.     Both  boards  and  teachers  should  see  that  this  require- 
ment is  complied  with.     When  a  contract  has  been  signed  the  president  should 
file  the  original  with  the  secretary  before  the  opening  of  school.    The  teacher 
should  retain  a  duplicate  of  the  contract. 

12.  Certificate  may  not  be  questioned.     A  board  may  not  question  nor 
discredit  in  any  manner  a  valid  certificate  held  by  a  teacher,  but  may  demand 
proof  of  special  attainments  desired  by  it  before  engaging  a  teacher. 

13.  Contract — what  included.     All  matters  agreed  upon  should  be  incor- 
porated  into   the  written   contract.     The  law  presumes   that  the  written  con- 
tract embraces  the  entire  agreement  of  the  parties.      52  Iowa,  130. 

14.  Common  branches.     Without  special   mention  in   the  teacher's  con- 
tract, it  is  understood  that  only  the  usual  common  branches  and  others  included 


58  SCHOOL  LAWS  OF  IOWA. 

in  the  course  of  study  for  the  school  are  expected  to  be  taught.  If  it  is  desired 
that  other  branches  shall  be  taught  they  should  be  designated  in  the  contract 
or  indicated  in  some  manner. 

15.  Should  produce  certificate.     The  president  should  require  the  teacher 
to  produce  his  certificate,  which  he  should  carefully  examine  before  signing 
the  contract. 

16.  Contract — damages  for  breaking.      A  teacher  not  permitted  to  com-, 
plete   the   term   according  to   contract   is   entitled   to   damages,   the   amount   of 
damages  being  equivalent  to  the  wages  lost.     Ill  Iowa,  20;   110  Iowa,  314. 

17.  Added  branches.     To  the  branches  adopted  by  the  board,  the  electors 
of  any  district  may  add  such  other  branches  they  deem  best  to  'have  taught. 
Section   2749. 

18.  Non-English  speaking  pupils.     It  is  the  duty  of  our  school  authorities 
to  provide  for  schools  having  non-English  speaking  scholars,  the  best  instruc- 
tion available,  in  order  that  all  the  children  may  acquire  rapidly  a  correct  use 
of   English,   and   become   acquainted   as  soon   as   possible   with   the   spirit   and 
genius  of  our  American  institutions. 

19.  Relative — employment  of.     There  is  no  provision  of  law  to  prevent 
the  employment  of  a  relative  of  a  member  of  the  board  as  teacher. 

20.  Contract  in  violation  of  law.     A  contract  violating  the  terms  of  the 
law  is  wholly  illegal  and  void,  but  the  persons  signing  such  contract  may  be 
held  personally  for  its  performance.     37  Iowa,  314. 

21.  Discharge  of  teacher.     The  law  provides  in  section  2782  the  manner 
in  which  a  teacher  may  be  discharged,  and  the  board  may  not  attempt  to  pro- 
vide any  other  method  of  terminating  the  contract.     82   Iowa,   686;    100  Iowa, 
328;  110  Iowa,  313;  111  Iowa,  20. 

22.  Oral  contract — enforcement  of.     Any  person  interested  in  having  a 
verbal   contract  carried    into    execution   may   apply   to   a   court   for  a  writ  of 
mandamus  to  compel  the  signing  of  the  written  contract.     In  this  way  all  mat- 
ters in  controversy  will  be  brought  before  a  court  in  such  a  manner  as  to  se- 
cure a  speedy  and  conclusive  determination  of  the  different  questions  involved. 

SEC.  2779.  Erection  or  repair  cf  schoolhouse.  It  shall  not  erect  a 
schoolhouse  without  first  consulting  with  the  county  superintendent  as 
to  the  most  approved  plan  for  such  building  and  securing  his  approval 
of  the  plan  submitted,  nor  shall  any  schoolhouse  be  erected  or  repaired 
at  a  cost  exceeding  three  hundred  dollars  save  under  an  express  con- 
tract reduced  to  writing,  and  upon  proposals  therefor,  invited  by  adver- 
tisement for  four  weeks  in  some  newspaper  published  in  the  county 
in  which  the  work  is  to  be  done,  and  the  contract  shall  be  let  to  the 
lowest  responsible  bidder,  bonds  with  sureties  for  the  faithful  per- 
formance of  the  contract  bein^  required,  but  the  board  may  reject  any 
and  all  bids  and  advertise  for  new  ones.  [C.  '73,  §  1723;  R.,  §  2037.] 

NOTES:  1.  Plans — approval  of.  Before  making  a  contract  great  pains 
should  be  taken  to  obtain  the  best  possible  plan  for  the  building.  On  this 
point  the  law  requires  consultation  with  the  county  superintendent.  The 
written  approval  of  the  plan  by  the  county  superintendent  should  be  secured. 

2.  Plans  and  specifications.     In  building  a  schoolhouse,  it  is  important 
to  secure  plans  of  the  building,   with  full  specifications  as  to  its  dimensions, 
style  of  architecture,  number  and  size  of  windows  and  doors,  quality  of  ma- 
terials to  be  used,  what  kind  of  roof,  number  of  coats  of  paint,  of  what  ma- 
terial the  foundation  shall  be  constructed,  its  depth  below  and  its  height  above 
the  surface  of  the  ground,  the  number  and  style  of  chimneys  and  flues,  the 
provisions  for  ventilation,  the  number  of  coats  of  plastering  and  style  of  finish, 
and  all  other  items  in  detail  that  may  be  deemed  necessary.     The  plans  and 
specifications   should   be    attached    to    the   contract,    and   the   whole   filed    with 
the  secretary. 

3.  Competitive  bids.     Contracts  for  the  erection  or  repair  of  schoolhouses, 
or   for   material    for   the   same,    exceeding   $300,    cannot   be   entered    into   until 
proposals  have  been  published  at  least  twenty-eight  days. 


SCHOOL  LAWS   OF  IOWA.  59 

4.  Lowest  bidder.     The  board  is  sole  judge  as  to  wihat  constitutes  the 
lowest  responsible  bidder.     If  the  contract  is  regular  in  other  respects,  a  court 
would  not  be  likely  to  interfere,  although  lower  bids  in  amount  were  offered 
and  rejected  by  the  board. 

5.  Failure  to  contract — new  bids.  '  In  case  of  failure  to  close  the  contract 
with  the  bid  accepted  under  an  advertisement,  if  it  is  desired  to  make  a  new 
attempt  to  contract,  it  will  be  necessary  to  advertise  anew  for  bids. 

6.  Contract — terms  of.     Contracts  must,  in  all  cases,  be  made  according 
to   the   instructions   and   directions   of  the  board,   and   after  being  made   they 
should  be  reviewed  by  the  board  before  any  work  is  done. 

7.  Accepting  work.     When  a  schoolhouse  is  built  or  repaired  under  con- 
tract, the  board  should  not  neglect  to  examine  the  work  carefully  in  order  to 
determine   that   the   contract  has  been   fully   complied   with,   before   it   directs 
the  payment  of  money. 

8.  Rights  of  surety.     The  surety  has  the  right  to  stand  upon  the  terms 
of  the  original  contract,  and  any  material  change  therein  without  his  consent, 
affecting  the  subject-matter  of  the  contract  even  to  a  slight  degree,  will  ex- 
onerate him.     50  Iowa,  98. 

9.  Amount  of  surety.     The  aggregate  amount  to  which  the  sureties  are 
required  to  qualify  is  double  the  amount  of  the  bond  required.     Code,  section 
358. 

10.  A  member  should  not  be  surety.      As   a  rule  it  is  unsuitable  for  a 
member   of  the  board  to  become  a   surety   for  an  officer  of  the   board,  or  to 
appear  as  surety  upon  any  other  bond  which  is  to  receive  the  approval  of  the 
board. 

11.  In  violation  of  law.     Contracts  made  in  violation  of  the  terms  of  this 
section  are  illegal.     Their  fulfillment  may  be  prevented  by  injunction. 

12.  No  partnership.     The  district  may  not  form  a  partnership  in  building 
a  schoolhouse.     But  this  does  not  prevent  its  receiving  donations. 

13.  Exempted.     District  property  is  exempt  from  -general  taxation,  from 
execution,  from  garnishment,  and  from  mechanic's  lien.     51  Iowa,  70. 

14.  Tax  anticipated.     When  a  schoolhouse  tax  has  been  voted,  the  board 
may  anticipate  its  levy  and  collection  and  issue  orders  to  build.     Such  orders 
may  not  bear  a  higher  rate  of  interest  than  six  per  cent.     50  Iowa,  102. 

15.  Condemnation   of   schoolhouse.      The   local    board    of   health   has   un- 
doubted right  to  condemn  and  close  for  use  as  a  schoolhouse  a  building  unfit  for 
such  purpose.     Section  2568. 

16.  Unappropriated   funds — use.      Any   unappropriated   schoolhouse   fund 
in  the  district  treasury  may  be  used  for  the  erection  or  repair  of  schoolhouses, 
at  the  discretion  of  the  board,  without  action  of  the  electors. 

17.  Lightning  rod.     A  lightning  rod  may  be  supplied  as  a  part  of  a  new 
house,  and  paid  for  from  the  schoolhouse  fund.     51  Iowa,  432. 

18.  School   buildings— delegating   power.      Under   the   statute    making   it 
the  duty  of  the  board  of  a  school  township  to  select  the  site,  adopt  the  plans 
for  the  erection  of  the  schoolhouse,  and  award  the  contracts  for  the  building 
thereof,  the  board  cannot  delegate  such  powers  to  a  committee  appointed  by  it. 
Kinney  v.  Howard,  110  N.  W.,  282.     Decisions,  111. 

19.  Indebtedness.     Boards  should  not  involve  the  district  in  an  indebted- 
ness for  the  erection  of  schoolhouses  by  contracts  and  the  issue  of  orders  to 
exceed  the  amount  voted  by  the  electors,  or  of  available  schoolhouse  funds. 

20.  Transfer  of  funds.      Unappropriated   schoolhouse  funds  may  be   dis- 
posed of  by  the  electors,  under  section  2749,  for  improvements,  such  as  fencing 
schoolhouse  sites,  providing  wells,  etc.,  or  the  same  may  be  transferred  to  either 
the  teachers'  or  contingent  fund,  and  the  board  is  required  to  carry  out  the 
vote  of  the  electors. 

21.  Building  contracts  —  abandonment  —  completion  —  architect's  certifi- 
cate— liens.     125  Iowa,  227;   125  Iowa,  283. 

22.  Preventing  performance  of  illegal  contract.     78  Iowa,  37;   107  Iowa 
29;    117  Iowa,  694. 

23.  Confirmation  of  contract.     7  Iowa,  509;   50  Iowa,  100;   67  Iowa,  164; 
116  Iowa,   275;    117  Iowa,  319;    Richards  vs.  School  Township  of  Jackson 
109  N,  W.,  1093,     See  note  10,  section  2783, 


60  SCHOOL  LAWS  OF  IOWA. 

SEC.  2780.  Allowance  of  claims — settlements — compensation  of  offi- 
cers. It  shall  audit  and  allow  all  just  claims  against  the  corporation, 
and  no  order  shall  be  drawn  upon  the  treasury  until  the  claim  therefor 
has  been  audited  and  allowed;  it  shall  from  time  to  time  examine  the 
accounts  of  the  treasurer  and  make  settlements  with  him;  shall  present 
at  each  regular  meeting  of  the  electors  a  full  statement  of  the  receipts 
had  and  expenditures  made  since  the  preceding  meeting,  with  such  other 
information  as  may  be  considered  important;  and  shall  fix  the  compen- 
sation to  be  paid  the  secretary  and  treasurer.  But  no  member  of  the 
board  shall  receive  compensation  for  official  services.  [C.  '73,  §§1732-3, 
1738,  1813;  R.,  §§  2037-8;  C.  '51,  §§  1146,  1149.] 

NOTES:  1.  Examine  contracts.  It  is  the  duty  of  the  board  to  examine 
all  contracts  for  the  employment  of  teachers,  the  construction  of  schoolhouses, 
or  for  any  other  purpose,  and  to  see  that  the  stipulations  have  been  complied 
with,  before  directing  the  payment  of  money  thereon. 

2.  Pay  monthly.     The  board  may  authorize  the  president  and  the  secre- 
tary to  draw  warrants  for  the  payment  of  teachers'  salaries  at  the  end  of  each 
school  month,  upon  proper  evidence  that  the  service  has  been  performed,  but 
the  order  for  wages  for  the  last  month  should  not  be  drawn  until  the  report 
required  by  this  section  is  filed  in  the  office  of  the  secretary. 

3.  Auditing — responsibility.      If    the   board    audits    a   claim    and    directs 
orders   drawn,   the  officers  of   the   board   will   be  warranted   in   following  the 
direction  of  the  board,  unless  it  is  clearly  manifest  that  an  attempt  is  being 
made  to  violate  a  plain  provision  of  law.    The  responsibility  in  such  a  case 
rests  very  largely  with  the  board. 

4.  Financial  statement.     This  section  contemplates  that  a  full  report  of 
the  affairs  of  the  district  shall  be  made  by  the  board  at  each  annual  meeting 
of  the  electors.    This  work  appropriately  devolves  upon  the  secretary,  unless 
the   board    designates   otherwise.     When    practicable   the   report   may   be   pub- 
lished in  a  newspaper.     See  section  2781. 

5.  Orders — when  void.     An  order  issued  on  a  claim  which  has  not  been 
audited  and  allowed  is  void.     39  Iowa,  490. 

6.  Compensation.     Only  the  secretary  and  the  treasurer  may  receive  com- 
pensation  for  the    discharge   of   duties   required   by   law.     The   evident   intent 
of  the  law  is  that  no  member  of  the  board  may  receive  pay  out  of  the  funds 
of  the  district  for  any  work  done  for  the  district  in  any  capacity  whatever. 
87  Iowa,  81. 

7.  Contracts  with  members.     A  court  would  be  likely  to  hold  a  contract 
made  with  a  member  of  the  board,  to  be  in  violation  of  the  law,  contrary  to 
public  policy,  and  void.     87  Iowa,  81. 

8.  31ust  refuse  to  become  a  member.     If  a  person  desires  to  secure  pay 
from  the  district  there  seems  to  be  no  other  way  than  for  him  to  refuse  to 
become  a  member  of  the  board,  or  if  a  member,  to  resign  from  the  board.     See 
notes  6  and  7  above. 

9.  Electors  may  not  vote  compensation.     It  is  not  within  the  power  of 
(the  electors  to  vote  compensation  or  remuneration  of  any  kind  to  the  members 
of  the  board  or  to  officers  of  the  board,  for  their  official  services.    Nor  may  the 
board  vote  compensation  to  any  member. 

10.  Official  trust  not  delegated.     The  official  trust  of  a  member  of  the 
board  may  not  be  delegated.     It  is  apparent  that  as  there  is  no  way  in  which  a 
member  may  receive  compensation  for  discharging  official  duties,  he  may  not 
contract  with  another  person  to  be  paid  from  the  district  funds  for  performing 
the  same  services  as  a  substitute  for  the  member  of  the  board.     Kennedy  v. 
Howard,  110  N.  W.,  282. 

SEC.  2781.  Financial  statement.  It  shall  publish  in  each  independ- 
ent city  or  town  district  two  weeks  before  the  annual  school  election,  by 
one  insertion  in  one  or  more  newspapers,  if  any  are  published  in  such 
district,  or  by  posting  up  in  writing  in  not  less  than  three  conspicuous 


SCHOOL  LAWS  OP  IOWA.  61 

places  in  the  district,  a  detailed  and  specific  statement  of  the  receipts 
and  disbursements  of  all  funds  expended  for  school  and  building  pur- 
poses for  the  year  preceding  such  annual  election.  And  the  said  board 
of  directors  shall  also  at  the  same  time  publish  in  detail  an  estimate  of 
the  several  amounts  which,  in  the  judgment  of  such  board,  are  necessary 
to  maintain  the  schools  in  such  district  for  the  next  succeeding  school 
year.  C.  73,  §§  1734-5,  1756;  R.,  §§  2037,  2054;  C.  '51,  §  1147.] 

NOTES:  1.  Statement.  This  statement  should  show  in  detail  the  receipts 
and  expenditures  for  each  fund,  followed  by  an  estimate  of  the  amount  re- 
quired for  each  fund,  to  maintain  the  schools  for  the  ensuing  year. 

2.  Items.     The  detailed  and  specific  statement  of  the  receipts  and  dis- 
bursements of  all  funds  expended,  should  be  sufficiently  itemized  to  show  the 
amount  received  from  each  separate  source,  and  the  amount  expended  for  each 
particular  purpose. 

3.  Purpose.     This  statement  is  for  the  information  of  the  electors,  but 
they  should  not  vote  upon  the  amount  of  tax  to  be  levied  for  contingent  and 
teachers'  funds,  as  ithese  amounts  are  determined  by  the  board.     Section  2806. 

4.  Publication.     The  board  must  have  the  statement  published  at  least 
once  in  a  newspaper,  if  one  is  printed  in  the  district  or  have  it  posted  in  at 
least  three  public  places.     This  publication  should  be  had  two  weeks  before 
the  annual  school  election. 

5.  Expense.     The  fee  for  printing  the  statement  is  fixed  by  law.     Code, 
section  1293. 

6.  Minute  details.      In  preparing   the   annual   statement   for   publication, 
minute  details  of  all  the  items  need  not  be  given.     This  would  render  it  use- 
lessly troublesome  to  prepare,  and  expensive  to  publish.     Such  general  results 
and  classified  items  as  will  enable  the  electors  fully  to  comprehend  the  pro- 
ceedings of  the  board,  are  all  that  the  law  requires.     The  statistics  of  the 
school  may  be  added  if  the  board  thinks  proper,  but  the  law  does  not  re- 
quire it. 

*  SEC.  2782.  Visiting  schools — regulations — discharge  of  teacher — 
expulsion  of  scholar.  It  shall  provide  for  visiting  the  schools  of  the 
district  by  one  or  more  of  its  members  and  aid  the  teachers  in  the 
government  thereof,  and  enforcing  the  rules  and  regulations  of  the 
board.  It  may,  by  a  majority  vote  discharge  any  teacher  for  incom- 
petency,  inattention  to  duty,  partiality,  or  any  good  cause,  after  a  full 
and  fair  investigation  made  at  a  meeting  of  the  board  held  for  that  pur- 
pose, at  which  the  teacher  shall  be  permitted  to  be  present  and  make 
defense,  allowing  him  a  reasonable  time  therefor.  It  may  by  a  majority 
vote  expel  any  scholar  from  school  for  immorality  or  for  a  violation  of 
the  regulations  or  rules  established  by  the  board,  or  when  the  presence  of 
the  scholar  is  detrimental  to  the  best  interests  of  the  school,  and  it  may 
confer  upon  any  teacher,  principal  or  superintendent  the  power  tem- 
porarily to  dismiss  a  scholar,  notice  of  such  dismissal  being  at  once  given 
in  writing  to  the  president  of  the  board.  When  a  scholar  is  dismissed  by 
the  teacher,  principal  or  superintendent,  as  above  provided,  he  may  be 
re-admitted  by  such  teacher,  principal  or  superintendent,  but  when  ex- 
pelled by  the  board  he  may  be  re-admitted  only  by  the  board  or  in  the 
manner  prescribed  by  it.  [C.  '73,  §§  1734-5;  R.,  §§  2037,  2054:  C.  '51, 
§  1147.] 

NOTES:  1.  Visitation.  A  conscientious  compliance  with  the  requirements 
regarding  visitation  would  greatly  increase  the  efficiency  of  the  schools.  There 
are  very  many  things  that  may  be  best  ascertained  by  visiting  the  school,  in- 
specting the  work  of  the  pupils,  and  conversing  with  the  teacher.  The  teacher 


62  SCHOOL  LAWS   OF  IOWA. 

can  accomplish  the  best  results  only  when  he  is  sure  of  hearty  co-operation  r«nd 
support. 

2.  Power  of  board.     Boards  have  entire  control  over  the  public  schools 
of  their  district  and  the  teachers  employed  therein.     Sections  2745,  2772. 

3.  Rules  and  regulations.     Rules  and  regulations  governing  teachers  and 
scholars  may  be  adopted  and  enforced  by  the  board,  as  the  best  interests  of 
the  schools  may  seem  to  require.    Decisions,  17  and  38.     See  notes  23  and  24, 
section  2772. 

4.  Termination   of   force   of   regulations.      The   force   and   effect   of   any 
motion  adopted  by  the  board  does  not  terminate  with  a  change  of  officers  or 
members,  but  remains  in  force  until  repealed.     35  Iowa,  361. 

5.  Teacher  as  agent  of  the  board.     The  teacher  is  the  agent  of  the  board, 
and  rules  made  by  him  and  enforced  with  either  formal  or  tacit  consent  are 
in  effect  the  rules  of  the  board. 

6.  Jurisdiction   of  principal.      If   it   is   understood   that  the   principal   of 
a  school  has  charge  of  other  rooms  besides  his  own,  he  has  the  same  power 
in  managing  the  children  that  is  by  law  given  to  other  teachers.     Section  2776. 

7.  Privileges  of  the  public  schools  conferred  by  statute.     The  privilege  of 
free  instruction  in  the  public  schools  is  one  conferred  by  legislative  enactment, 
under  constitutional  direction,  and  the  privilege  is  subject  to  legislative  regula- 
tion.     The    right   to   attend    school    is   not   absolute,    but    is    conditional    upon 
compliance  with  the  rules  and  the  essential  conditions.     Section  2773. 

8.  Board    prescribes    when    subject    shall    be    pursued.      The    board    may 
prescribe  a  course  of  study  and  determine  in  connection   with   that  course  of 
study  the  time  during  the  year  in  which   certain   specified  branches  shall  be 
pursued.     This   is   a   necessity    in  order  to    secure   an    economical    division   of 
labor  on  the  part  of  the  teaching  force,  particularly  in  a  !ar.?e  school.     Section 
2772. 

9.  Responsibility  of  teacher.     The  teacher   —  ay   be  held  responsible  for 
the  efficient  discharge  of  every  duty  pronerly  attached  to  his  office,  including 
the  exercise  of  due  diligence  in  the  oversight  an-"!  ;  reservation  of  school  build- 
ings, grounds,  furniture,  apparatus,  and  other  s--r.ool  property,  as  well  as  the 
more  prominent  work  of  instruction  and  government. 

10.  Damage — liability  of  teacher.     Partie     doing  damage  to  school  prqp- 
erty  are  responsible  for  the  same.    The  teacher  is  bound  to  exercise  reasonable 
care  to  protect  and  preserve  school  property,  and  failing  to  do  so  may  be  held 
liable  for  •damages.     Sections  2772,  2778. 

11.  Corporal  punishment  permitted.     If  the  rules  and  regulations  of  the 
board  do  not  provide  otherwise  the  teacher  has  the  right  in  proper  cases  to  in- 
flict corporal  punishment  upon  refractory  scholars.     In  the  proper  exercise  of 
his  authority,  to  maintain  good  order,  and  to  require  of  all  the  scholars  a  faith- 
ful performance  of  their  duties,  the  teacher  is  entitled  to  the  support  and  co- 
operation of  the  board. 

12.  Kind  of  punishment.     In  the  choice  of  a  kind  of  punishment  and  in 
the  selection  of  an  instrument,  as  well  as  in  determining  the  degree  of  pun- 
ishment to  be  administered,  the  teacher  must  exercise  a  sound  discretion. 

13.  Punishment — a  last   resort.      Corporal   punishment   is   best   reserved 
as  a  last  resort  and  should  be  used  only  when  it  is  believed  that  no    other 
gentler  measure  will  secure  the  reformation  of  the  offender.     Dismissal  from 
school  by  the  proper  authority  is  a  still  more  extreme  remedy  than  corporal 
punishment.     45  Iowa,  248. 

14.  Schoolhouses— condition  of.     It  is  the  duty  of  the  'board  to  see  that 
schoolhouses  are  kept  in  repair,  clean,  and  in  good  order  for  school  use.  Neither 
the   teacher  nor  the   scholars   should   be   expected   to    scrub   or   wash   out   the 
schoolhouse.     The  light  sweeping  of  daily  use  is  often  done  by  them  on  their 
own  motion,  but  this  cannot  be  required  of  the  scholars,  nor  of  the  teacher 
unless  he  contracts  to  take  special  care  of  the  house  in  such  respects. 

15.  Cleaning  schoolhouse.    Tihe  board  should  have  the  schoolhouse  cleaned 
as  frequently  as  it  needs  such  attention  in  order  to  keep  it  in  good  order  for 
school  use.    No  member  of  the  board  may  receive  pay  for  such  work,  but  any 
other  person  may  be  paid  from  the  contingent  fund. 

16.  Janitor — teachers — pupils.     Janitor  work  cannot  be  required  of  the 
teacher  unless  an  agreement  to   do  the  same  has  been  made  a  part  of  the 


SCHOOL  LAWS  OF  IOWA.  63 

contract,  and  neither  the  teacher  nor  the  board  may  require  that  such  work 
shall  be  done  by  the  pupils.  If  a  scholar  has  made  unnecessary  litter  in  the 
schoolroom  or  about  his  seat  he  may  be  required  as  a  punishment  to  sweep  up 
the  same.  But  this  is  quite  another  matter  than  doing  the  ordinary  janitor 
work. 

17.  Janitor  work— contract.     Making  fires  and  sweeping  the  schoolroom 
are  not,  properly,  a  part  of  the  teacher's  duties.     In   rural   districts  teachers 
frequently  perform  this  labor  as  a  matter  of  convenience  and  economy.     Those 
unwilling   to   do   this   work,   or  who   expect   to    receive   pay   for   it,   should   so 
stipulate  when  entering  into  the  contract  to  teach.     Section  2778.     Decisions, 
30. 

18.  Holidays.     It  is  lawful  and  quite  usual  for  a  board  to  give  teachers 
holidays  and  make  no  deduction  from  their  wages.     The  teacher,  hoWever,  may 
not  claim  it  as  a  right. 

19.  Teacher  entitled  to  compensation.     If  a  teacher  is  at  the  schoolhouse 
at  the  proper,  time,   and  remains   during  school   hours,   he   is   entitled   to   pay 
therefor,  according  to  his  contract,  whether  scholars  are  present  or  not. 

20.  Epidemic— closing  school.     As  a  rule  it  is  highly  undesirable,  to  close 
a  school  on  account  of  an  epidemic.     But  if  the  local  board  of  health  or  the 
toard  of  directors,  closes  a  school  on  account  of  the  presence  of  a  contagious 
disease,  or  for  like  reason,  the  teacher  is   entitled   to   pay  for  such   time  ac- 
cording to  his  contract. 

21.  Damages   for   closing.      When   a  school   is   closed   for   a  short   time, 
for  causes  beyond  the  control  of  the  teacher,  the  courts  will  be  likely  to  hold 
that  the  teacher  is  entitled  to  his  pay  according  to  the  terms  of  his  contract. 
Such  cases  are  best  settled  by  compromise  between  the  parties.     Note   16, 
section  2778. 

22.  Closing — loss  made  good.      If  the  schoolhouse   is   destroyed,   or  the 
school   is  closed   indefinitely  by   causes  beyond  the   control   of  either  party  to 
the  contract,  the  teacher  being  ready  to  comply  with  his  part,  can  collect  pay 
according  to  contract.  If  said  teacher  uses  proper  diligence  to  secure  employment 
at  something  which  he  can  do,  and  secures  such  employment,  the  district  will 
pay  him  the  difference  between  the  amount  received  in  his  new  work  and  the 
amount  of  his  wages  under  the  contract.     In  other  words,  his  actual  loss  should 
be  made  good.     Opinion  of  attorney-general. 

23.  Duty  to  teachers.     Teachers  are  entitled  to  the  support  and  co-opera- 
tion of  the  board,.     It  is  alike  due  to  the  dignity  of  the  board  and  the  rights 
of  the  teacher  that  no  one  should  be  discharged  except  after  thorough  investi- 
gation and  the  clearest  proof.     If  possible  the  teacher  should  be  shielded  from 
the  stigma  of  discharge. 

24.  Dismissal   of   teacher — how.      In  the   trial   of   a  teacher,   when   it   is 
sought  to    dismiss   him,   all   the   provisions  of  law   must  be   strictly   complied 
with.     The  board   must   allow  the   teacher   to   make   a   full   defense,   and    the 
teacher  may  appear  by  attorney,  or  otherwise,  as  he  chooses.     Decisions,  103. 

25.  Dismissal  of  teacher — for  what.     Boards  may  dismiss  teachers  only 
for  good  cause  shown.    In  case  the  board  passes  an  order  to  dismiss,  the  material 
reason  therefor  should  be  spread  upon  the  record,  for,  while  in  case  of  contest, 
these  reasons  would  not  be  conclusive  against  the  teacher,  the  -board  would  be 
estopped  from  presenting  other  reasons  than  those  named  in  the  record.     De- 
cisions, 86,  116. 

26.  Discharge   of  teacher — tender  of  new  place.      The   tender   of   a  new 
place  is  no  defense  where  it  did  not  appear  that  plaintiff  could  have  accepted 
such  new  position  without  modifying  the  original  contract.  110  Iowa,  313. 

27.  Board  as  accuser  and  judge.     In  a  trial  of  charges  against  a  teacher 
by  the  board  of  directors  it  was  not  objectionable  on  the  ground  that  they  were 
accusers  rather  than  judges,   and  because  of  their   prejudice,   since  they   con- 
stitute the  only  tribunal  authorized  to  try  such  charges.     113  Iowa,  236. 

28.  Tender  of  resignation — merely  an  offer.     The  tender  of  a  resignation 
by  a  teacher,  under  contract  to  teach  in  a  certain  district,  being  a  mere  offer, 
is  not  binding  on  either  party  to  the  contract  until  accepted,  and  it  may  be 
withdrawn  at  any  time  before  it  is  acted  on  by  the  district  board.    Ill  Iowa,  20. 

29.  Retention  of  resignation  not  acceptance.     The  retention  of  a  tender 
of  resignation  does  not  constitute  an  acceptance.     Ill  Iowa,  20. 


64  SCHOOL  LAWS  OF  IOWA. 

30.  Abandonment  of  contract.     The  filing  of  a  tender  of  resignation  is 
not  an  abandonment  of  contract.     Ill  Iowa,  20. 

31.  Discharge  of  teacher.   Accepting  a  resignation  that  has  been  withdrawn 
is  not  a  discharge  as  provided  under  section  2/82.     Ill  Iowa,  20. 

32.  Hearing  without  notice — a  nullity — second  trial.   113  Iowa,  236.   See 
also  53  Iowa,  587. 

33.  Refusal  of  board  to  reinstate  immaterial.     113  Iowa,  236. 

34.  Date  of  hearing  delayed  by  injunction.     113  Iowa,  236.     See  also  110 
Iowa,  652. 

35.  Teacher  may  appeal.    When  a  teacher  is  unjustly  dismissed,  an  appeal 
may  be  taken  from  the  action  of  the  board  in  dismissing  him,  but  a  suit 
at  law  must  be  brought,  if  he  seeks  to  recover  his  pay  upon  the  contract.     The 
teacher  shoMia  be  paid  only  to  the  date  of  legal  dismissal.     53  Iowa,  585;   100 
Iowa,  328. 

36.  Action  of  board — weight  of.     The  order  of  the  board  discharging  or 
refusing  to  discnarge  a  teacher  is  more  largely  a  discretionary  tnan  a  juaical 
act.  In  this,  as  in  other  matters,  the  very  large  discretionary  powers  of  the 
board  must  be  respected,  and  on  appeal  tneir  conclusion  may  not  be  questioned 
without  the  most  convincing  testimony. 

37.  Contract  terminated  by  discharge.     The  contract  with  the  teacher  may 
be  terminated  by  discharge  alter  the  investigation  provided  for  in  this  section, 
by  revocation  of  certificate,  or  by  mutual  agreement  between  the  parties. 

38.  Teacher— habits  of.     By  universal  consent,  and  certainly  by  the  spirit 
of  our  school  law,  it  is  expected  of  teachers  that  tney  refrain  irom  improper 
language,  keep  tne  Sabbath  day  with  respect,  and  in  every  other  way  avoid 
practices  or  company  that  are  demoralizing  in  their  tendencies. 

39.  Dismissal — the  only  method.     This  section  provides  the  only  manner 
in  which  a  teacner  may  be  discharged,  and  the  parties  to  the  contract  should 
not  attempt  to  provide  any  other  method  of  terminating  the  contract.     A  dis- 
charge by  any  other  method  is  illegal.     82  Iowa,  686. 

40.  Certificate— attack  of.     The  certificate  being  in  the  nature  of  a  com- 
mission cannot  be  attacked  collaterally. 

41.  Obligations — reciprocal.      The   obligations   between   the   parties   to   a 
contract  to  teach  are  reciprocal.     A  teacher  would  nave  good  cause  to  com- 
plain if  a  board  desired  to  remove  him  because  it  had  an  opportunity  to 
secure  a  better  teacher.  •   \  et  in  such  a  case  if  an  agreement  can  be  made, 
annulling   the   contract,   such  arrangement  would   be   legal.     But  the   teacher 
may  insist  that  the  board  keep  its  part  of  the  contract  in  the  same  spirit  that 
he  intends  to  keep  his  part.    The  same  is  true  if  it  is  the  teacher  who  desires 
to  have  the  contract  annulled. 

42.  Vaccination.     The  regulations  of  the  state  board  of  health  require 
every  person  entering  any  public  school  to  give  satisfactory  evidence  of  pro- 
tection by  vaccination.     Boards  of  directors  and  local  boards  of  health  also 
have  the  power  to  require  ah  persons  who  desire  to  attend  the  public  schools 
to  furnish  evidence  of  successful  vaccination. 

43.  Exclude  children — when.     The  board  should  exclude  children  coming 
from  houses  where  there  are  contagious  diseases,  and  should  enforce  the  rule 
that  children  not  vaccinated  shall  not  be  admitted  until  they  conform  to  the 
regulation  demanding  such  protection. 

44.  Government  of  schools.     The  board  has  full  control  in  all   matters 
relating  to  the  government  and  welfare  of  the  schools.     A  scholar  subject  to 
fits  or  spasms  may  be  excluded   from  school  by  the  majority   of   the  board, 
if  the   presence  of  such  scholar  is  thought  to  interfere   materially   with  the 
progress  of  the  school.     Any  one  aggrieved  by  the  exclusion  of  such  scholar 
has  the  remedy  of  appeal  to  the  county  superintendent.     See  note  8,  section 
2804. 

45.  Comply  and  co-operate  with  board  of  health.     It  is  the  duty  of  every 
board  of  directors  to  co-operate  with  the  local  board  of  health  in  encouraging 
the   vaccination  of   all   school   children   not   already   protected   by   vaccination. 
The  board  of  directors  may  not  compel  vaccination,  but  the  majority  vote  of 
the  board  will  exclude  from  the  schools  any  one  who  will  not  comply  with 
such  reasonable  rule  of  the  board  of  health. 


SCHOOL  LAWS   OF   IOWA.  65 

46.  When  parent  objects.    The  board  will  be  justified  in  refusing  to  permit 
the  attendance  of  a  child  whose  parent  will  not  consent  that  the  scholar  shall 
obey  the  rules  of  the  school.     31  Iowa,  562,  and  50  Iowa,  145. 

47.  Bight  to  attend.     The  right  to  attend  school  is  not  absolute,  but  is 
conditional  upon  compliance  with  the  rules  and  regulations  of  the  board. 

48.  Board  may  not  adopt  rule.     A  board  may  not  adopt  a  rule  which  will 
deprive   a   child  of   school   privileges,    except   as   a   punishment   for   breach   of 
discipline  or  an  offense  against  good"  morals.    56  Iowa,  476. 

49.  Beasonable   and   proper   rule   denned.      Any   rule   of   the   school,   not 
subversive  of  the   rights  of  the   children   or   parents,   or   in  conflict   with   hu- 
manity and  the  precepts  of  divine  law,  which  tends  to  advance  the  object  of 
the    law    in    establishing    public    schools,    must   be    considered    reasonable    and 
proper.     31  Iowa,  562. 

50.  Absent   or   tardy — rules   concerning.      It  is   competent   for   boards   to 
provide  by  rules  that  pupils  may  be  suspended  from  the  schools  in  case  they 
shall  be  absent  or  tardy  a  certain  number  of  times  within  a  fixed  period,  ex- 
cept for  sickness  or  other  unavoidable  cause.     31  Iowa,  562. 

51.  Keeping  child  out  of  school.     The  parent  has  no  right  to  interfere 
with  the  order  or  progress  of  the  school  by  detaining  his  child  at  home,  or  by 
sending  him   at  times  that   prove   an   annoyance   or   hindrance   to   others.     31 
Iowa,  562. 

52.  Acts  done  out  of  school — jurisdiction  of  board.     If  the  effects  of  acts 
done  out  of  school   hoars   reach   witlrn   the  schoolroom    during  school   hours, 
and  are  detrimental  to  good  order  and  the  best  interests  of  the  pupils,  it  is 
evident  that  such  acts  may  be  forbidden.     31  Iowa,  562. 

53.  Expulsion  of  pupil — notice.     The  law  does  not  require  the  board  to 
give  a  scholar  or  his  parents  notice  or  chance  for  defense,  before  ordering  his 
suspension  or  expulsion.     The  board  has  large  discretionary  powers.     This  is 
one  of  the  matters  wholly  within  its  discretion.     But  it  would  be  well  for  the 
board  carefully  to  investigate  the  charges,  before  dismissing  any  scholar.     De- 
cisions, 38  to  107. 

•54.  Suspension.  Suspension  is  the  separation  of  the  scholar  from  the 
school  for  a  limited  time,  and  it  may  be  either  for  bad  conduct,  for  unnecessary 
absence  or  tardiness,  or  as  a  sanitary  measure.  For  good  cause,  a  teacher  may 
suspend  without  fixing  the  time,  notice  being  also  at  once  given  to  the  board. 

55.  Time  of  suspension  should  be  indicated.     The  period  of  time  fixed  by 
the  board  during  which  suspension  or  expulsion  shall  be  in  force,  should  be 
clearly  indicated  in  the  vote  of  the  majority  of  the  board,  as  spread  upon  the 
records.      Conditions   upon   which  earlier  readmission  is  provided   for,   may 
very  properly  be  given  in  the  same  connection. 

56.  When  presence  detrimental.     The  true  idea  is  to  bring  all  within  the 
salutary  influence  of  the  school,  and  to  drive  none  out,  but  cases  sometimes 
occur  in  which  it  becomes  necessary  for  the  board  to  protect  the  rights  of  the 
many  by  excluding  a  scholar  whose  presence  and  example  are  a  constant  menace 
to  the  successful  progress  of  the  school. 

57.  Depriving  of  recess.     The  teacher  has  control   over  scholars  during 
school    hours,    subject    to    the    regulations   of   the    board.      He    may    require    a 
scholar  to  remain  in  his  seat  during  recess  as  a  punishment.     However,  it  is 
not  wise  to  deprive  children  to  any  great  extent,  of  the  exercise  necessary  to 
their  physical  well-being. 

58.  Control  of  pupil  during  intermission.     The  teacher  has  as  full  control 
over  scholars  during  recess  as  at  other  times  within  the  school  hours  fixed  by 
the  board. 

59.  Punishment.     The  teacher  may,  for  the  maintenance  of  ihis  authority 
and  the   enforcement  of   discipline,   legally    inflict  chastisement   upon   a   pupil. 
The   punishment  should,   however,   be  inflicted   only   for   some   definite  offense 
which  the  pupil  has  committed,  and  the  pupil  should  be  given  to  understand 
what  he  is  being  punished  for.     50  Iowa,  145;  45  Iowa,  248. 

60.  Oversight   of   pupils.      Teachers    should    exercise    watchful   care   and 
oversight  as  regards  the  conduct  and  habits  of  their  scholars,  not  only  during 
school    hours,    recesses    and    intermissions,    but   also    within    reasonable    limits 
while  they  are  coming  to  and  returning  home  from  school. 

5 


66  SCHOOL  LAWS   OF   IOWA. 

61.  Teacher   may   dismiss.      For   good   cause,    a   teacher   may   dismiss   a 
scholar  from  school  work  without  fixing  the  time,  and  require  him  to  leave 
the  school  premises,  notice  being  also  at  once  given  to  the  director  or  to  the 
president  of  the  board. 

62.  Responsibility   of  teacher.      The   teacher   is   responsible   for  the   dis- 
cipline of  his  school,  and  for  the  progress  and  deportment  of  his  scholars.     It 
is  his  imperative  duty  to  maintain  good  order  and  require  of  all  a  faithful 
performance  of  their  duties.     If  he  fails  to  do  so  he  is  unfit  for  his  position. 
To  enable  him  to  discharge  these  duties  effectually,  he  must  necessarily  have 
the  power  to  enforce  prompt  obedience  to  his  requests.     For  this  reason  the 
law  gives  him  the  power,  in  proper  cases,  to  inflict  punishment  upon  refractory 
scholars.     Decisions,  17. 

63.  Punishment  adapted  to  offense.     In  applying  correction,  the  teacher 
must   exercise   sound   discretion   and  judgment,   and   should   choose   a  kind   of 
punishment   adapted   not   only   to   the  offense,   but   to    the  offender.     Corporal 
punishment  is  a  severe  remedy,  and  its  use  should  be  reserved  for  the  baser 
faults.     Decisions,  17. 

64.  Expulsion  vs.  corporal  punishment.     In  50  Iowa,  145,  the  suggestion 
is  made  that  expulsion  by  the  board  rather  than  severe  corporal  punishment  by 
the  teacher,  is  a  good  remedy  in  case  of  repeated  and  continuous  violation  of 
the  rules. 

65.  Obedience  essential.     In  the  school  as  in  the  family  there  exists  on 
the    part   of    the   children    the   obligation    of   obedience    to    lawful    commands, 
subordination,  civil  deportment,  respect  for  the  rights  of  others,  and  fidelity 
to  duty.  These  obligations  are  inherent  in  any  proper  school  system,  and  con- 
stitute the  common  law  of  the  school.     Every  scholar  is  presumed  to  know 
this  law,  and  be  subject  to  it,  whether  it  has  or  has  not  been  by  the  board 
placed  in  the  from  of  written  rules  and  regulations. 

66.  Power  to  make  a  rule — how  determined.     See  note  43,  section  2772. 

67.  Course  of  study — rules  and  regulations— -temporary  officers.     See  sec- 
tion 2772. 

68.  Compulsory  attendance.     Sections  2823-a  to  2823-i. 

69.  Appeal — wrongfullness   of   discharge   determined.      Note    29,   section 
2818. 

70.  Appeal — when  necessary.     Note  35,  section  2818. 

SEC.  2783.  Use  of  contingent  fund — free  text-books.  It  may  pro- 
vide and  pay  out  of  the  contingent  fund  to  insure  school  property  such 
sum  as  may  be  necessary,  and  may  purchase  dictionaries,  library  books, 
including  books  for  the  purpose  of  teaching  vocal  music,  maps,  charts 
and  apparatus  for  the  use  of  the  schools  thereof  to  an  amount  not  ex- 
ceeding twenty -five  dollars  in  any  one  year  for  each  schoolroom  under 
its  charge;  and  may  furnish  school  books  to  indigent  children  when 
they  are  likely  to  be  deprived  of  the  proper  benefits  of  school  unless  so 
aided;  and  shall,  when  directed  by  a  vote  of  the  district,  purchase  and 
loan  books  to  scholars,  and  shall  provide  by  levy  of  contingent  fund 
therefor.  [30  G.  A.,  ch.  115;  26  G.  A.,  ch.  37;  25  G.  A.,  ch.  34;  21 
G.  A.,  ch.  107;  19  G.  A.,  ch.  149,  §  1;  C.  '73,  §  1729.] 

NOTES:  1.  Insuring  property.  This  section  confers  upon  all  boards  the 
right  to  insure  school  property,  and  this  duty  should  not  be  neglected.  Insur- 
ance of  school  property  may  be  effected  either  in  a  stock  or  mutual  company 
which  is  legally  authorized  to  do  business  in  the  state.  Code,  section  1759. 

2.  Records  and  supplies.     Purchases  of  records,  dictionaries,   apparatus, 
and  similar  supplies  for  the  use  of  the  district  may  not  be  made  by  contract 
under  section   2824,   but   all   such   articles   will   be  bought  under  this   section. 
Note  4  to  section  2824. 

3.  Necessary  expenses.     Definite  provision  should  be  made  by  the  board 
for  the  usual  necessary  contingent  expenses  of  the  schools  during  the  year,  be- 
fore contingent  fund  is  taken  to  purchase  any  of  the  articles  named  in  this 
section.     Section  2768. 


SCHOOL  LAWS   OP  IOWA.  67 

4.  Patriotism.     There  can  be  no  doubt  that  one  of  the  purposes  of  the 
school   is  to   teach  patriotism  to  the   children.     The  board  may  use  available 
contingent  funds  to  purchase  a  flag  to  be  used  as  apparatus  in  the  schoolroom, 
on  the  school  building,  or  upon  the  school  grounds. 

5.  When  not  in  session.     A  purchase  of  apparatus  made  with  the  consent 
of  the  board  when  not  in  session,  is  a  clear  violation  of  the  la,w,  but  acceptance 
and   retention   of  the  benefits   by  the   district  may  make  it  liable   under  the 
contract.     117  Iowa,  319;   117  Iowa,  694;   70  Iowa,  320;   13  Iowa,  555. 

6.  Liability  of  members.     Members  of  boards  giving  orders  for  apparatus 
in  their  individual  capacity  assume  personal  responsibility  and  may  thus  render 
themselves  liable  for  payment  as  individuals  unless  it  appears  that  the  pur- 
chase was  for  the  benefit  of  the  school  corporation.     117  Iowa,  319. 

7.  Prearrangement  not  binding.     The  members  of  a  school  board  cannot, 
by  a  prearrangement  or  contract  entered  into  when  not  in  session,  bind  them- 
selves afterwards  to  ratify  or  confirm  a  contract  or  engagement  thus  entered 
into.     The  distinction  here  is  that  while  a  board,  in  session,  may  ratify  a 
contract  made  out  of  session,  the  members  cannot  individually  bind  them- 
selves to  do  so.      117  Iowa,   319. 

8.  Free  text-books.     These  provisions  afford  all  districts  the  opportunity 
to  supply  free  books,  so  that  every  indigent  child  may  continuously  enjoy  the 
privileges  of  school.    It  is  believed  that  if  districts  will  take  action  in  accordance 
with  the  spirit  of  the  law,  the  percentage  of  attendance  at  school  can  be  ma- 
terially increased,  and  the  usefulness  of  our  schools  to  all  the  children  greatly 
enhanced.     See  sections  2836,  2837. 

9.  Purchase  of  supplies — warrant — when  void.     A  warrant  executed   by 
the  president  and   secretary   of  a  school   board  'Without  the  authority  of  the 
rest  of  school  board,  in  payment  for  school  supplies  contracted  for  by  a  ma- 
jority of  the  board  (when  not  in  session),  is  void.     117  Iowa,  319;   109  N.  W., 
1093. 

10.  Confirmation  of  contract.     The   defeating  of  a  motion  to  refuse  to 
accept  supplies    (order  by  a  majority  of  the  members  of  the  board   when 
not  in  session)  was  a  confirmation  of,  and  approval  of  the  order.  117  Iowa,  319. 
See  also  116  Iowa,  275;  7  Iowa,  509;  50  Iowa,  100;  67  Iowa,  164;  109  N.  W.,  1093. 

11.  Books,  maps,  apparatus,  indebtedness.     Section  2783,  code  1897,  per- 
mits a  school  board  to  charge  the  contingent  fund  with  an  indebtedness  in  ex- 
cess of  the  unappropriated  money  on  hand,  but  the  amount  may  not  exceed 
twenty-five  dollars  for  each  regular  school.     118  Iowa,  540;  116  Iowa,  275;   117 
Iowa,  319. 

SEC.  2784.  Water-closets.  It  shall  give  special  attention  to  the 
matter  of  convenient  water-closets  or  privies,  and  provide  on  every 
ihoolhouse  site,  not  within  an  independent  city  or  town  district,  two 
>parate  buildings  located  at  the  farthest  point  from  the  main  entrance 
the  schoolhouse,  and  as  far  from  each  other  as  may  be,  and  keep  them 
in  wholesome  condition  and  good  repair.  In  independent  city  or  town 
districts,  where  it  is  inconvenient  or  undesirable  to  erect  two  separate 
outhouses,  several  closets  may  be  included  under  one  roof,  and  if  out- 
side the  schoolhouse  each  shall  be  separated  from  the  other  by  a  brick 
wall,  double  partition,  or  other  solid  or  continuous  barrier,  extending 
from  the  roof  to  the  bottom  of  the  vault  below,  and  the  approaches  to 
the  outside  doors  for  the  two  sexes  shall  be  separated  by  a  substantial 
close  fence  not  less  than  seven  feet  high  and  thirty  feet  in  length.  [25 
G.  A.  ch.  3.] 

NOTES:  1.  Provisions  mandatory.  This  provision  of  the  law  requiring 
it  to  take  special  pains  with  regard  to  outbuildings  is  mandatory  upon  every 
board.  A  director  may  not  refuse  to  carry  into  effect  instructions  from  the 
board  with  regard  to  such  a  matter.  And  a  board  refusing  to  give  attention 
to  the  subject  risks  a  censure  from  a  court  if  its  failure  or  refusal  to  provide 
proper  facilities  as  regards  privies  or  water-closets  is  brought  to  the  attention 
of  a  court,  See  also  section  2822, 


68  SCHOOL  LAWS  OF  IOWA. 

2.  Defacing  public  property.     If  any  person  wilfully  write,  make  marks, 
or   draw   characters   on   the   walls  or  any  other   part   of  any   church,   college, 
academy,  schoolhouse,  courthouse  or  other  public  building,  or  on  any  furniture, 
apparatus  or  fixtures  therein;  or  wilfully  injure  or  deface  the  same,  or  any  wall 
or  fence  enclosing  the  same,  he  shall  be  fined  not  exceeding  one  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  more  than  thirty  days.     Code, 
section  4802. 

3.  Teacher's  duty.     Very  much  depends  upon  teachers  to  determine  the 
manner  in  which  this  law  is  observed.     A  listless  indifference,  a  half-hearted 
activity,  a  want  of  confidence,  will  defeat  the  purpose  of  the  law  for  the  time 
at  least.     Serious  consideration,  a  high-minded  approbation  of  its  intention,  a 
courageous    insistence    upon    its    observance,    together   with    untiring    attention 
and    frequent    inspection,    will    make   the    law    a    continued    success.      No   con- 
scientious teacher  will  be  irresolute,  when  the  immeasurable  interests  involved 
are  regarded. 

4.  May  invoke  assistance  of  peace  officers.     Teachers  should  not  hesitate 
to  bring  the  case  of  persistent  offenders  to  the  attention  of  the  board.     As  a 
last  resort  it  may  become  necessary  for  the  board  to  invoke  the  assistance  of 
the  peace  officers.  It  sometimes  happens  that  nothing  less  than  a  strong  arm 
of  the  civil  authorities  is  able  to  compel  a  respect  for  law,  and  a  decent  regard 
for  the  rights  of  others.    No  community  may  justly  claim  to  be  a  moral  people, 
who   knowingly   fail   to   guard   and   preserve  the   purity,   the  morals,   and   the 
health,  of  its  children  and  youth. 

SEC.  2785.  Duties  of  director — contracts.  The  board  of  directors 
of  a  school  township  may  authorize  the  director  of  each  sub  district,  sub- 
ject to  its  regulations,  to  make  contracts  for  the  purchase  of  fuel,  the 
repairing  or  furnishing  of  schoolhouses,  and  all  other  matters  necessary 
for  the  convenience  and  prosperity  of  the  schools  in  his  subdistrict. 
Such  contracts  shall  be  binding  upon  the  school  township  only  when 
approved  by  the  president  of  the  board,  and  must  be  reported  to  the 
board.  Each  director  shall,  between  the  first  and  fifteenth  days  of 
June  in  each  year,  prepare  a  list  of  the  heads  of  families  in  his  sub- 
district,  the  number  and  sex  of  all  children  of  school  age,  and  by  the 
twentieth  day  of  said  month  report  this  list  to  the  secretary  of  the 
school  township,  who  shall  make  full  record  thereof.  The  powers  speci- 
fied in  this  section  cannot  be  exercised  by  individual  directors  of  inde- 
pendent districts.  [31  G.  A.,  eh.  136,  §  9;  C.  '73,  §§  1753-5;  R.,  §§ 
2052-3;  C.  '51,  §§  1124,  1142.] 

NOTES:  1.  Powers — how  exercised.  It  is  a  general  statement  that  nearly 
all  the  powers  of  the  director  are  to  be  exercised  under  the  regulations  of  the 
board.  Any  person  about  to  contract  is  bound  to  know  what  restrictions  have 
been  made,  and  should  be  governed  accordingly. 

2.  Director — power  of.     The  director  is  clothed  with  certain  general  pow- 
ers by  this  section,  but  these  are  to  be  exercised  under  the  direction  of  the 
board.    The  board  must  instruct  him,  for  example,  as  to  the  extent  of  repairs, 
and  prices  to  te  paid  for  same,  and  the  amount  and  cost  of  fuel. 

3.  Powers  possessed  by  officers.     School  officers  are  possessed  of  specially 
defined  powers  and  should  attempt  to  exercise  no  others,  except  such  as  arise 
by  fair  implication  from  those  granted.     110  Iowa,  652. 

4.  Director  may  not  contract.     No  director  has  authority  to  make  a  con- 
tract in  behalf  of   the  school   township,   except  under  specific  instructions  of 
the  board. 

5.  Approval  of  contracts.     All  contracts  made   by  the  director  must  be 
approved  by  the  board  and  signed  by  the  president. 

6.  Liability  of  director.    If  a  director  Intentionally  violates  law  he  becomes 
personally  liable.     14  Iowa,  510;  17  Iowa,  155;  24  Iowa,  337;  and  38  Iowa,  47. 

7.  Liability  of  agent.     If  an  agent  makes  a  valid  contract  without  author- 
ity, he  is  himself  bound  thereby.    37  Iowa,  314, 


SCHOOL  LAWS   OF  IOWA.  69 

8.  Member  may  not  receive  compensation.     It  is  a  violation  of  law  for 
a  board  to  pay  any  member  of  the  board  for  labor  as  a  building  committee, 
for  attendance  at  meetings,  or  for  any  other  service  performed  for  the  district 
whether  official  in  character  or  not.     Section  2780. 

9.  Member  may  not  be  employed  at  compensation.     A  member  may  not 
be  employed  by  the  board   to  oversee  the  building  of   a  schoolhouse  and   re- 
ceive pay  therefor,  or  to  act  in  any  like  capacity  for  which  he  would  be  paid 
from  the  funds  of  the  district.     Such  engagement  is  contrary  to  public  policy 
and  clearly  illegal.     78  Iowa,  37,  and  87  Iowa,  81. 

10.  Approval  of  contract.     It  is  the  duty  of  the  director  to  file  any  con- 
tract at  once  with  the  president  of  the  board,  who  should  submit  the  same  to 
the  board  for  approval. 

11.  Enumeration  record.     A  record  book  containing  the  enumeration  cor- 
rectly filled  out  will  be  of  much  assistance  to  the  director  each  year.   Form  32. 

12.  Where  enumerated.     Minor  children  at  a  state  institution,  or  a  private 
school,  should  be  enumerated  where  their  parents  or  guardians  reside. 

13.  Failure  to  enumerate.     The  failure  of  a  director  to  make  the  report, 
as  required  by  this  section,  will  reduce  the  semi-annual  apportionments  for  the 
year,   since   they   are   made   upon   the   enumeration   of   persons  of   school   age. 
Section  2808. 

14.  Director  report.     In  school  townships  the  secretary  should  require 
the  director  of  each  subdistrict  to  make  this  report  promptly,  and  should  insist 
that  it  be  made  in  writing,  and  certified  to  be  correct.     Directors  in  inde- 
pendent districts  do  not  take  the  enumeration. 

15.  Wilful  failure.     A  wilful  failure  or  refusal  on  the  part  of  the  director 
to  make  the  report  to  the  secretary  as  required  may  be  found  by  the  courts  to 
be  a  misdemeanor.    Code,  section  4904,  and  section  2822. 

16.  Duty  of  secretary.     In  case  a  director  fails  to  make  ihis  annual  report 
as  required  the  secretary  should  at  once  collect  the  statistics  necessary  for 
a  complete  report.     The  board  should  insist  on  promptness  in  preparing  this 
report,   and   then   should   give  the  .secretary   a  suitable  compensation   for   his 
labors.     Sections  2764,  2765. 

SEC.  2786.  Industrial  exposition.  The  board  of  any  school  cor- 
poration or  the  director  of  any  subdistrict  deeming  it  expedient  may, 
under  the  direction  of  the  county  superintendent,  hold  and  maintain  an 
industrial  exposition  in  connection  with  the  schools  of  such  district,  such 
exposition  to  consist  in  the  exhibit  of  useful  articles  invented,  made  or 
raised  by  the  pupils,  by  sample  or  otherwise,  in  any  of  the  departments 
of  mechanics,  manufacture,  art,  science,  agriculture  and  the  kitchen,  such 
exposition  to  be  held  in  the  schoolroom,  on  a  school  day,  as  often  as  once 
during  a  term,  and  not  oftener  than  once  a  month,  at  which  the  pupils 
participating  therein  shall  be  required  to  explain,  demonstrate  or  present 
the  kind  and  plan  of  the  articles  exhibited,  or  give  its  method  of  culture ; 
and  work  in  these  several  departments  shall  be  encouraged,  and  patrons 
of  the  school  invited  to  be  present  at  each  exhibition.  [15  G.  A.,  eh.  64.] 

SEC.  2737.  £hac?e  trees.  The  board  of  each  school  corporation  shall 
cause  to  be  set  out  and  properly  protected  twelve  or  more  shade  trees 
on  each  schoolhouse  site  where  such  trees  are  not  growing.  The  county 
superintendent,  in  visiting  the  several  schools  of  his  county,  shall  call 
the  attention  of  any  board  neglecting  to  comply  with  the  requirements  of 
this  section  to  any  failure  to  carry  out  its  provisions.  [19  G.  A.,  ch.  23.] 

NOTES:  1.  Trees  should  be  planted.  Trees  should  be  set  out  on  all  school- 
house  sites  where  good,  thr'fty  shade  trees  are  not  already  growing,  whether 
such  site  was  secured  by  purchase,  by  lease,  by  gift,  or  by  condemnation  under 
Sections  2814,  2$16? 


70  SCHOOL  LAWS  OF  IOWA. 

2.  Duty  of  county  superintendent.     County  superintendents  should  not  fail 
to  call  the  attention  of  boards  of  directors  to  the  provisions  of  this  section. 
The  annual  Arbor  Day  affords  a  good   opportunity  for  planting  trees  and 
otherwise  improving  the  school  grounds. 

3.  Reporting.     In  reporting  the  number  of  shade  trees  on  the  school  site, 
planted  trees  only  should  be  reported.     Section  2765. 

SEC.  2788.  Teacher — qualifications.  No  person  shall  be  employed 
as  a  teacher  in  a  common  school  which  is  to  receive  its  distributive  share 
of  the  school  fund  without  having  a  certificate  of  qualification  given  by 
the  county  superintendent  of  the  county  in  which  the  school  is  situated, 
or  a  certificate  or  diploma  issued  by  some  other  officer  duly  authorized  by 
law,  and  no  compensation  shall  be  recovered  by  a  teacher  for  services 
rendered  while  without  such  certificate  or  diploma.  [C.  '73,  §  1758; 
R.,  §  2062.] 

NOTES:  1.  Certificate  necessary.  The  teacher  must  'have  a  certificate 
during  the  whole  term  of  school.  He  is  not  authorized  to  teach  a  single  clay 
beyond  the  period  named  in  his  certificate,  nor  to  give  instruction  in  any 
subject  which  he  does  not  hold  a  valid  credential  to  teach.  In  case  of  a 
violation  of  this  section  the  county  superintendent  should  promptly  notify 
the  officers  of  the  board.  Section  2740. 

2.  Without  a  certificate.     If  a  person  is  teaching  without  a  certificate  any 
one  interested  in  a  legal  sense  may  apply  to  a  court  for  a  writ  to  prevent  the 
board  from  continuing  such  instruction,  and  to  restrain  the  board  from  paying 
for  the  same. 

3.  Illinois  case.     In  an  Illinois  case  a  certificate  was  not  obtained  until  the 
middle  of  the  term.     A  new  contract  was  entered  into  at  that  time  to  pay  the 
teacher  double  wages  for  the  remainder  of  the  term.  This  was  considered  an 
attempt  to  do  indirectly  what  there  was  no  power  to  do  directly,  and  therefore 
the  contract  was  held  to  be  void,  as  was  the  original  contract. 

4.  Supply — payment  of.     In  case  of  the  temporary  absence  of  the  teacher, 
from  sickness  or  other  cause,  the  place  should  be  supplied  with  some  one  duly 
authorized  to  teach.    The  supply  should  be  paid  by  the  teacher  whose  place  is 
filled,  unless  other  provision  is  made,  either  by  regulation  or  contract. 

5.  Bights  of  patrons.     In  case  a  person  is  employed  or  continued  as  a 
teacher  in  violation  of  law  without  a  certificate,  a  resident  of  the  district  may 
sue  out  a  writ  of   injunction   restraining  the   person   from   teaching   and   the 
district  from  paying.     Boards  employing  and  paying  such  teachers  arc  liable 
to  prosecution  under  the  provisions  of  the  general  statutes  for  misapplication 
of  funds.    Code,  sections  4904,  4906  and  2822. 

SEC.  2789.  Keep  register — report.  Each  teacher  shall  keep  a  daily 
register  which  shall  correctly  exhibit  the  name  or  the  number  of  the 
school,  the  district  and  county  in  which  it  is  located,  the  day  of  the 
week,  month,  year,  and  the  name,  age  and  attendance  of  each  scholar, 
and  the  branches  taught;  and  when  scholars  reside  in  different  districts 
separate  registers  shall  be  kept  for  each  district,  and  a  certified  copy  of 
the  register  shall  immediately  at  the  close  of  the  school  be  filed  by  the 
teacher  in  the  office  of  the  secretary  of  the  board.  The  teacher  shall  file 
with  the  county  superintendent  such  reports  and  in  such  manner  as  he 
may  require.  '[C.  '73,  §§  1759-60;  R.,  §  2062.] 

NOTES:  1.  Necessity  of  correct  record.  Every  teacher  should  take  great 
pains  to  keep  the  register  required  by  this  section  very  carefully,  in  order 
that  the  term  report  may  be  made  out  correctly.  By  doing  so  the  secretary 
will  be  able  to  make  his  annual  report  with  greater  ease,  and  with  added 
accuracy.  All  books  and  blanks  necessary  for  keeping  record  of  attendance 
and  making  reports  to  the  board  and  to  the  county  superintendent  must  be 
furnished  by  the  board. 


SCHOOL  LAWS  OP  IOWA.  71 

2.  Term  report.     The  teacher  should  file  a  complete  and  accurate  copy  of 
the  daily  register  with  the  secretary  immediately  after  the  close  of  the  term  or 
year.     He  is  not  entitled  to  final  settlement  until  this  is  done.     The  secretary 
should  insist  on  this  report  before  drawing  the  warrant  for  the  last  installment 
of  the  wages.  Without  this  report  he  cannot  prepare  his  annual  report  as  the 
law  directs  it  to  be  made.     The  secretary  should  carefully  examine  the  report 
to  see  whether  the  record  is  complete  in  all  respects.     Form  34. 

3.  Comply  with  directions  of  county  superintendent.      It  is  the  duty  of 
every   board   to    see   that   the   teachers   comply   strictly   with   all   requirements 
made  by  the  county  superintendent,  as  well  as  with  all  rules  made  by  the  board. 
Decisions,  56. 

4.  Board  may  require  reports.     It  is  within  the  power  of  the  board  to 
require  such  reports  from  teachers  as  seem  desirable  for  the  information  of 
the  board.     It  may  require  reports  weekly,  monthly,  toy  the  term,  by  the  year, 
or  all  of  these  together.     It  is  the  duty  of  teachers  to  comply  with  the  regula- 
tions of  the  board,  so  far  as  it  is  within  the  power  of  the  teachers  to  do  so. 

5.  All  teachers  report.     Every  teacher  in  the  county  may  be  required  to 
make  such  reports,  agreeing  with  the  spirit  of  the  law,  as  the  county  superin- 
tendent may  request,  in  such  form  and  at  such  reasonable  time  as  the  county 
superintendent  may  determine. 

6.  In  case  of  refusal.     The  continued  refusal  to  comply  with  all  uniform 
and  reasonable  regulations  made  by  the  county  superintendent,   or  by  the 
board,  on  the  part  of  any  one  employed  as  a  teacher,  constitutes  good  cause  for 
revocation  or  subsequent  refusal  of  certificate,  or  for  dismissal  by  the  board. 
Sections  2734-u,  2782. 

7.  Non-resident  pupils.     The  record  of  attendance  of  non-resident  pupils 
must  be  kept  separate  from  that  of  those  residing  in  the  corporation.  This 
does  not  mean  that  different  books  shall  be  kept. 

CORPORATIONS — ORGANIZATION — CHANGE   OF   BOUNDARIES. 

SEC.  2780.  New  township.  When  a  new  civil  township  is  formed, 
the  same  shall  constitute  a  school  township,  which  shall  go  into  effect 
on  the  first  Monday  in  March  following  the  completed  organization  of 
the  civil  township.  The  notices  of  the  first  meeting  shall  be  given  by 
the  county  superintendent,  and  at  such  meeting  a  board  of  three  direct- 
ors shall  be  chosen.  [C.  '73,  §  1713.] 

NOTES:  1.  Purpose  of  the  law.  The  design  of  the  law  is  that  civil  and 
school  township  boundaries  shall  coincide  as  far  as  possible.  Code,  sections 
551,  552  and  2743. 

2.  When  organized.     A  new  school  township  is  not  organized  until  the 
month  of  March  after  an  election  of  officers  for  the  civil  township. 

3.  Boundaries  of  subdistricts.    The  boundaries  of  subdistricts  lying  wholly 
within  the  old  or  new  school  townships  are  not  affected  by  the   division   of 
civil  townships. 

4.  When  subdistricts  are  divided.      When    subdistricts    are    divided    by 
changes  in  civil  township  boundaries,  the  boards  should  incorporate  the  several 
parts  with  other  subdistricts,  or  otherwise  provide  for  such  territory,  so  that 
all  entitled  may  vote  at  the  following  su'bdistrict  election.     In  the  absence  of 
such  action  the  territory  properly  belongs  to  the  subdistrict  which  it  adjoins, 
and  the  voters  should  be  allowed  to  vote  therein. 

SEC.  2791.    Attaching  territory  to  adjoining  corporation.      In  any 

case  where,  by  reason  of  natural  obstacles,  any  portion  of  the  inhabitants 
of  any  school  corporation  in  the  opinion  of  the  county  superintendent 
cannot  with  reasonable  facility  attend  school  in  their  own  corporation, 
he  shall,  by  a  written  order,  in  duplicate,  attach  the  part  thus  affected 
to  an  adjoining  school  corporation,  the  board  of  the  same  consenting 


72  SCHOOL  LAWS  OF  IOWA. 

thereto,  one  copy  of  which  order  shall  be  at  once  transmitted  to  the 
secretary  of  each  corporation  affected  thereby,  who  shall  record  the  same 
and  make  the.  proper  designation  on  the  plat  of  the  corporation.  Town- 
ship or  county  lines  shall  not  be  a  bar  to  the  operation  of  this  section. 
[C.  73,  §  1797.] 

NOTES:  1.  Natural  obstacles — what  constitutes.  The  natural  obstacle 
must  be  a  largs  stream  unbridged,  an  impassable  slough,  the  entire  absence  of 
a  public  highway,  or  some  such  natural  insurmountable  difficulty. 

2.  Petition  must  allege  obstacle.     A  petition  which  does  not  allege  the 
existence  of  natural  obstacles,  and  where,  in  fact,  no  such  obstacles  exist,  is 
invalid.     62  Iowa,  616;  110  Iowa,  30. 

3.  What  not  obstacles.     Streams  well  bridged  and  distance  are  not  natural 
obstacles  in  tha  contemplation  of  the  law. 

4.  Jurisdiction  of  county  superintendent.     As  the  county  superintendent 
has  original  concurrent  jurisdiction,  an  appeal  cannot  be  taken  from  refusal 
by  the  board  to  accept  the  territory.     109  Iowa,  169. 

5.  Assets  and  liabilities.     When  the  boundaries  of  districts  are  changed 
the  territory   transferred   carries  with   it  a  just  proportion   of   all   assets  and 
liabilities  of  the  district  from  which  it  is  taken.     Section  2802;    58  Iowa,  77; 
110  Iowa,  702. 

6.  Attaching   territory,    natural   obstacle.      Acting   under   section    2791    a 
clivis  on  made  on  petition  which  does  not  allege  the  existence  of  such  obstacles 
and  where,  in  fact,  no  such  obstacles  exist  is  invalid.  110  Iowa,  30;  109  Iowa,  169. 

SEC.  2792.  RGStor^tloi!.  Where  territory  has  been  or  may  here- 
after be  set  off  to  an  adjoining  school  township  in  the  same  or  another 
county,  or  attached  for  school  purposes  to  an  independent  district  so 
situated,  it  may  be  restored  to  the  territory  to  which  it  geographically 
belongs  upon  the  concurrence  of  the  respective  boards  of  directors,  and 
shall  be  so  restored  by  said  boards  upon  the  written  application  of  two- 
thirds  of  the  electors  residing  upon  the  territory  so  set  off  or  attached, 
together  with  a  concurrence  of  the  county  superintendent  and  the  board 
of  the  school  corporation  which  is  to  receive  back  the  territory.  [19 
G.  A.,  ch.  160;  18  G.  A.,  ch.  Ill;  C.  '73,  §  1798.] 

NOTES:  1.  Two  methods.  It  will  be  noticed  that  two  distinct  and  sep- 
arate methods  are  provided  by  this  section. 

2.  When  take  effect.     The  restoration  may  take  effect  at  any  time  agreed 
upon,  but  if  no   agrscment  is  made,   it  will  take  effect  the   following  March. 
59  Iowa,  109. 

3.  Assets  and  liabilities.     Wihen  the  boundaries  of  districts  are  changed, 
the  territory  transferred   carries  with  it  a  just  proportion  of   all   assets  and 
liabilities  of  the  district  from  whiich  it  is  taken.     58  Iowa,  77.     Section  2802. 

4.  Action  on  petition — mandamus.     Where  the  law  is  mandatory  in  re- 
quiring a  board  to  act  upon  a  petition,  the  remedy  for  its  refusal   to   do   so 
is  mandamus,  and  not  appeal.     86  Iowa,  669. 

5.  How  test.     Any  conflict  between  districts  with  regard  to  boundaries 
will  be  best  determine;!  by  the  one  aggrieved  asking  a  court  to   restrain  the 
county  treasurer  from  paying  taxes  to  the  other  district,  on  the  ground  that 
the  district  complaining  is  entitled  to  receive  said  taxes.     100  Iowa,  617. 

6.  Restoration   of   territory.      Code,    section    2792,    relating   to    severance 
(restoration)   of  territory  of  an  independent  school  district,  applies  only  to  a 
restoration  of  territory  attached  to  an  independent  district  after  its  organization, 
and  not  to  a  portion  embraced  in  the  original  district.     Albin  vs.  Board  of 
Directors,  58  Iowa,  77,  reversed;   124  Iowa,  213. 

SEC.  2733.  Boundary  lines  changed.  The  boundary  lines  of  con- 
tiguous school  corporations  in  the  same  county  may  be  changed  by  the 
concurrent  action  of  the  respective  boards  of  directors  at  their  regular 


SCHOOL  LAWS   OF   IOWA.  73 

meetings  in  July,  or  at  special  meetings  thereafter  called  for  that  pur- 
pose. The  corporation  from  which  territory  is  detached  shall  after  the 
change  contain  not  less  than  four  government  sections  of  land,  and  its 
boundary  lines  must  conform  to  the  lines  of  congressional  divisions  of 
land.  .  In  the  same  manner,  the  boundary  lines  of  contiguous  school  cor- 
porations in  the  same  county  may  be  so  changed  that  one  corporation 
shall  be  included  in  and  consolidated  with  the  other  as  a  single  corpora- 
tion. [31  G.  A.,  ch.  136,  §  10;  22  G.  A.,  ch.  62,  §  1.] 

NOTES:  1.  Township  line  not  a  bar.  Township  lines  are  not  a  bar  to 
a  change  of  boundaries  under  section  2793. 

2.  New  boards  necessary.  Whenever  a  change  is  made  in  the* boundary 
between  two  school  corporations,  both  corporations  must  elect  entire  new 
boards  at  the  next  regular  annual  election.  See  attorney  general,  report 
1906,  page  194.  Note  22,  section  2802. 

SEC.  2733-a.  Corporation  limits  changed.  When  the  boundary 
line  between  a  school  township  and  an  independent  city  or  town  district 
is  not  also  the  line  between  civil  townships,  such  boundary  may  be 
changed  at  any  time  by  the  concurrence  of  the  boards  of  directors ;  but 
in  no  case  shall  a  forty-acre  tract  of  land,  by  the  government  survey,  be 
divided;  and  such  subdivisions  shall  be  excluded  or  included  as  entire 
forties.  The  boundaries  of  the  school  township  or  the  independent  dis- 
trict may  in  the  same  manner  be  extended  to  the  line  between  civil  town- 
ships, even  though  by  such  change  one  of  the  districts  shall  be  included 
within  and  consolidated  with  the  other  as  a  single  district.  When  the 
corporate  limits  of  any  city  or  town  are  extended  outside  the  existing 
independent  district  or  districts,  the  boundaries  of  said  independent  dis- 
trict or  districts  shall  be  also  correspondingly  extended.  But  in  no  case 
shall  the  boundaries  of  an  independent  district  be  affected  by  the  reduc- 
tion of  the  corporate  limits  of  a  city  or  town.  [27  G.  A.,  ch.  89.] 

NOTES:  1.  Township  line  a  bar.  If  the  boundary  between  an  independ- 
ent city  or  town  district  and  a  school  township  is  also  the  line  of  a  civil 
township,  such  boundary  may  not  be  changed  under  authority  of  section 
2793-a,  but  may  be  under  section  2793. 

2.  Extension  of  corporate  limits — effect.     When   the  corporate   limits  of 
a  city  or  town  in  an  independent  district  are  extended  beyond  the  boundary 
of  the  school  corporation,  the  boundary  of  the  school  corporation  is  thereby 
extended,  regardless  of  the  effect  upon  the  territory  of  the  adjacent  school 
corporation.     See  120  Iowa,  119. 

3.  New  boards   necessary.      See   notes    2,    section    2793,    and    22,    section 
2802. 

SEC.  2794.  Formation  of  independent  district.  Upon  the  written 
petition  of  any  ten  voters  of  a  city,  town  or  village  of  over  one  hundred 
residents  to  the  board  of  the  school  corporation  in  which  the  portion 
of  the  town  plat  having  the  largest  number  of  voters  is  situated,  such 
board  shall  establish  the  boundaries  of  a  proposed  independent  district, 
including  therein  all  of  the  city,  town  or  village,  and  also  such  con- 
tiguous territory  as  is  authorized  by  a  written  petition  of  a  majority  of 
the  resident  electors  of  the  contiguous  territory  proposed  to  be  included 
in  said  district,  in  not  smaller  subdivisions  than  entire  forties  of  land, 
in  the  same  or  any  adjoining  school  corporations,  as  may  best  subserve 
the  convenience  of  the  people  for  school  purposes,  and  shall  give  the 


74  SCHOOL  LAWS  OP  IOWA. 

same  notices  of  a  meeting  as  required  in  other  cases,  at  which  meeting 
all  voters  upon  the  territory  included  .within  the  contemplated  inde- 
pendent district  shall  be  allowed  to  vote  by  ballot  for  or  against  such 
separate  organization.  When  it  is  proposed  to  include  territory  outside 
the  town,  city  or  village,  the  voters  residing  upon  such  outside  territory 
shall  be  entitled  to  vote  separately  upon  the  proposition  for  the  forma- 
tion of  such  new  district,  by  presenting  a  petition  of  at  least  twenty-five 
per  cent  of  the  voters  residing  upon  such  outside  territory,  and  if  a 
majority  of  the  votes  so  cast  is  against  including  such  outside  territory, 
then  the  proposed  independent  district  shall  not  be  formed.  [29  G.  A., 
ch.  126,  19  G.  A.,  ch.  118,  §  1;  18  G.  A.,  ch.  139;  C.  '73,  §§  1800-1;  R.,  §§ 
2097,  2105.] 

NOTES:  1.  Where  reside.  The  one  hundred  residents  must  be  contained 
within  the  limits  of  the  town  or  village.  Additional  territory  should  be  se- 
cured by  the  board  in  forming  the  new  independent  school  district. 

2.  How  number  determined.     The  last  official  census  will,  as  a  general 
rule,  be  sufficiently  accurate  to  determine  questions  relating  to  the  population, 
but  in  case  of  doubt,  the  actual  existing  facts  govern,  which  may  be  ascertained 
by  any  reliable  means.     77  Iowa,  676.     Code,  section  177. 

3.  Must  include.     The  contemplated  independent  school  district  must  in- 
clude all  of  the  city,  town  or  village,  and  may  include  all  contiguous  territory 
petitioned  for.     110  Iowa,  652.     Decisions,  105. 

4.  Board  must  act  on  petition.     When  the  required  petition  is  presented 
the  law  is  mandatory  upon  the  board  to  establish  the  boundaries  and  submit 
the  proposition.      110  Iowa,  652.      Decisions,   84,   105. 

5.  Determining  boundary.     The  baard  may  determine  the  boundaries  of 
the  proposed  corporation,  subject  to  the  following: 

(1)  All  of  the  town  or  village  must  be  included; 

(2)  Territory  not  described  in  the  petition  may  not  be  included; 

(3)  It  is  not  necessary  to  include  all  territory  described  in  the  petition. 
110  Iowa,  652. 

6.  Formation    of    independent    town    districts — effect    on    districts    from 
which  territory  is  taken  is  immaterial.     A  portion  of  a  rural  independent  dis- 
trict may  be  included  with  part  of  a  school  township  and  the  new  independent 
district  formed  under  code,  section  2794,  although  there  remain  in  the  independ- 
ent district  thus  severed  less  than  four  sections  of  land,  and  in  so  construing 
said  section  it  may  be  necessary  to  extend  its  provisions  to  include  independent 
districts.    120  Iowa,  119.    See  also  school  township  of  Bloomfield  vs.  Independent 
District  of  Castalia,  112  N.  W.,  5. 

7.  Boundaries — time  as  an  element.     Time  does  not  settle  the  boundaries 
of  an  independent  district  so  that  they  cannot  be  changed  according  to  law. 
120   Iowa,  119. 

8.  Electors  determine  desirability.    It  is  for  the  electors  and  not  the  board 
to    determine   the    desirability    or   necessity   of   the    independent   organization. 
110  Iowa,  652. 

9.  Conform  to  congressional  divisions.     When  the  boundaries  extend  be- 
yond the  limits  of  a  town  or  city,  they  must  conform  to  lines  of  congressional 
divisions  of  land.     Note  9  to  section  2801. 

10.  Which  board.     The  board  of  the  school  corporation  in  which  a  major- 
ity of  the  voters  on  the  town  plat  reside,  must  establish  the  boundaries  of  said 
district  without  the  concurrence  of  any  other  board,  even  when  said  territory 
is  taken  from  two  or  more  civil  townships  in  the  same  or  adjoining  counties. 
41  Iowa,  30;  25  Iowa,  305. 

11.  Notices.     The  notices  of  the  election  to  determine  the  question  of  a 
separate   organization    should    state    clearly    the    boundaries    of    the    proposed 
district. 

12.  Who  vote.     All  of  the  electors  residing  within  the  proposed   limits 
must  be  permitted  to  vote  on  the  question  of  separate  organization. 


SCHOOL  LAWS  OF  IOWA.  75 

13.  Separate  ballot.    The  electors  residing  on  the  territory  to  be  included, 
but  outside  of  the  town  or  village,  are  entitled  to  vote  separately  on  the  proposi- 
tion if  they  ask  such  privilege  by  petition,  either  to  the  board  or  to  the  judges 
of  the  election. 

14.  Desirability— determined  by.     The  desirability  or  necessity  of  the  in- 
dependent  district   is   for   the   people    to    determine   and    not   the    board.      110 
Iowa,  652. 

15.  Judges.    The  president  and  secretary  of  the  school  corporation  should 
act  as  chairman  and  secretary  of  this  meeting,  and  with  one  of  the  board,  as 
judges  of  the  election. 

16.  Incorporation  of  town.     The  incorporation  of  a  town  does  not  in  itself 
affect  the  school  organization  of  the  district  in  which  the  town  may  be  situated. 
However,  it  does  change  the'  method  of  choosing  the  treasurer.  .   See   sec- 
tions 2754  and  2757. 

17.  Village — defined.      Town   sites   platted   and    unincorporated   shall   be 
known  as  villages.     Code,  section  638. 

18.  Organization.     Section  2795. 

19.  Effect  upon  adjacent  corporation.     The  fact  that  the  territory  of  an 
adjacent  rural  independent  district  from  which  territory  is  taken  is  reduced 
below  four  government  sections  does  not  affect  the  validity  of  the  organ- 
ization.     120   Iowa,   119. 

20.  Consolidated  city  districts^-organization  of  consolidated  independent 
districts.      See   section    2820-e   and    2820-h,    page    77.      See   section    2794-a, 
page  76. 

SEC.  2795.  Organization.  If  the  proposition  to  establish  an  inde- 
pendent district  carries,  then  the  same  board  shall  give  the  usual  notice 
for  a  meeting  to  choose  a  board  of  directors.  Two  directors  shall  be 
chosen  to  serve  until  the  next  annual  meeting,  two  until  the  second,  and 
one  until  the  third  annual  meeting  thereafter.  The  board  shall  organize 
by  the  election  of  officers  in  the  usual  manner.  [15  G.  A.,  ch.  27 ;  C.  '73, 
§'1802;  R.,  §§  2099,  2100,  2106.] 

NOTES:  1.  When  organize.  The  first  board  will  enter  upon  its  duties  as 
soon  as  qualified  and  will  organize  by  choosing  a  president  and  a  secretary. 
The  term  of  office  of  the  president  will  expire  on  the  third  Monday  in  the  fol- 
lowing March,  that  of  the  secretary,  on  the  first  day  of  July  following.  In 
cities  and  towns  a  treasurer,  to  serve  until  the  first  day  of  the  following 
July,  will  be  chosen  at  the  time  the  directors  are  chosen. 

2.  Certificate  of  organization.     The  secretary  should  immediately  file  with 
the  county  superintendent,  auditor  and   treasurer,   each,  a  certificate  showing 
the  officers  of  the  board,  and  their  postoffice  address.     All  subsequent  changes 
made  in  the  officers  of  the  board  should  be  reported.     Section  2766. 

3.  Officers — when    qualify.      The    secretary   and    treasurer    must    qualify 
within  ten  days.     Section  2760. 

4.  Record  of  organization.     All  proceedings  connected  with  the  organiza- 
tion of  the  new  district  should  be  recorded  by  the  secretaries  in  the  records  of 
the  districts  from  which  territory  is  taken,  so  that  the  facts  concerning  its 
formation  and  organization  may  be   readily  obtained,   in  case  the  validity  of 
the  proceedings  is  ever  questioned. 

5.  Division  of  assets  and  liabilities.     As  soon  as  the  board  of  the  new  in- 
dependent district  has  been  organized,  it  may  join  with  the  'boards  from  which 
territory  has  been   taken   in  making  a  division   of  the   assets  and  liabilities. 
Section  2802. 

6.  Validity  of  organization.     See  note  5,  section  2743. 

SEC.  2796.  Taxes  certified  and  levied.  The  organization  of  such 
independent  district  shall  be  effected  on  or  before  the  first  day  of  August 
of  the  year  in  which  it  is  attempted,  and,  when  completed,  all  taxes  cer- 
tified for  the  school  township  or  townships  of  which  the  independent 
district  formed  a  part  shall  be  void  so  far  as  the  property  within  the 


76  SCHOOL  LAWS  OF  IOWA. 

limits  of  the  independent  district  is  concerned,  and  the  board  of  such 
independent  district  shall  fix  the  amount  of  all  necessary  taxes  for  school 
purposes,  including  schoolhouse  taxes,  at  a  meeting  called  for  such  pur- 
pose at  any  time  before  the  third  Monday  of  August,  which  shall  be  cer- 
tified to  the  board  of  supervisors  on  or  before  the  first  Monday  of  Sep- 
tember, and  it  shall  levy  said  tax  at  the  same  time  and  in  the  same  man- 
ner that  other  school  taxes  are  required  to  be -levied.  [C.  '73,  §  1804.] 

NOTES:  1.  When  organization  completed.  This  section  is  construed  to 
mean  that  the  organization  contemplated  must  be  made  between  January 
first  and  the  first  of  August.  This  limitation  as -to  time  is  directory  only,  and 
does  not  apply  when  an  appeal  is  taken.  110  Iowa,  652.  Decisions,  88. 

2.  Taxes.     When  a  new  independent  school  district  is  organized  as  pro- 
vided  by  this   section,   the  board   has  authority   to   determine   and   certify   all 
necessary  taxes,  for  school  purposes,   for  that  year,   including  schoolhouse 
taxes. 

3.  Joint  district — jurisdiction.   An  independent  school  district  composed  of 
territory  from  two  or  more  counties,  belongs,  for  school  purposes,  to  the  county 
in  which  the  school  corporation,  with  whose  board  the  petition  for  separate 
organization  was  filed  and  which  conducted  the  elections  for  the  organiza- 
tion of  the  new  corporation,  is  located.     Certificates  of  the  teachers  of  such 
corporations  must  be  registered  with  the  superintendent  of  the  same  county. 

SEC.  2794-a.  Consolidation — how  effected.  When  a  written  de- 
scription describing  the  boundaries  of  contiguous  territory  containing 
not  less  than  sixteen  (16)  government  sections  within  one  or  more  coun- 
ties is  signed  by  one-third  of  the  electors  residing  on  such  territory  and 
approved  by  the  county  superintendent,  if  of  one  county  and  by  the 
superintendents  of  each  if  of  more  than  one  county,  and  by  the  state 
superintendent  if  the  county  superintendents1  do  not  agree,  and  filed 
with  the  board  of  the  school  corporation  in  which  the  portion  of  the 
proposed  district  having  the  largest  number  of  voters  is  situated,  re- 
questing the  establishment  of  a  consolidated  independent  district,  it 
shall  be  the  duty  of  said  board  within  ten  days  to  call  an  election  in  the 
proposed  consolidated  independent  district,  for  which  they  shall  give 
the  same  notices  as  are  required  in  sections  twenty-seven  hundred  and 
forty-six  (2746)  of  the  code  and  twenty-seven  hundred  and  fifty  .(2750) 
of  the  supplement  to  the  code,  at  which  meeting  all  voters  residing  in 
the  proposed  independent  district  shall  be  allowed  to  vote  by  ballot  for 
or  against  such  separate  organization.  If  a  majority  of  votes  cast  at  such 
election  shall  be  in  favor  of  such  independent  organization,  the  organiza- 
tion of  the  proposed  corporation  shall  be  completed  by  the  election  of  a 
board  of  directors  as  provided  in  section  twenty-seven  hundred  and 
ninety-five  (2795)  of  the  code,  said  board  to  organize  on  the  first  day 
of  July  following  unless  that  day  falls  on  a  Sunday,  in  which  case  on  the 
day  following.  All  taxes  previously  certified  shall  be  void  so  far  as  the 
property  within  the  limits  of  the  consolidated  independent  district  is 
concerned,  and  all  taxes  necessary  for  the  new  corporation  shall  be  cer- 
tified and  levied  as  provided  in  section  twenty-seven  hundred  and  ninety- 
six  (2796)  of  the  ctfde,  but  no  school  corporation  from  which  territory, 
is  taken  shall,  after  the  change,  contain  less  than  four  government  sec- 
tions, which  territory  shall  be  contiguous  and  so  situated  as  to  form  a 
suitable  corporation.  When  it  is  proposed  to  include  in  such  district  a 
town,  city  or  village,  the  voters  residing  upon  the  territory  outside  of 


SCHOOL  LAWS  OF  IOWA.  77 

the  town,  city  or  village  shall  be  entitled  to  vote  separately  upon  the 
proposition  for  the  formation  of  such  new  district  by  presenting  a  peti- 
tion of  at  least  twenty-five  per  cent  of  the  voters  residing  upon  such  out- 
side territory,  and  if  a  majority  of  the  vote  so  cast  is  against  including 
such  outside  territory,  then  the  proposed  independent  district  shall  not 
be  formed.  [31  G.  A.,  ch.  141.] 

NOTES:  1.  Petition  approved.  The  petition  should  be  submitted  to  the 
county  superintendent  before  being  circulated. 

2.  Duty  of  superintendent.  The  county  superintendent  should  exercise 
sound  discretion,  considering  the  effect  of  the  change  upon  all  concerned,  both 
within  and  without  the  proposed  new  corporation. 

SEC.  2820-e.  Consolidation  authorized.  That  in  all  cities  of  the 
first  class  containing  a  population  of  fifty  thousand  or  over,  according  to 
any  census  taken  by  the  authority  or  under  the  direction  of  the  state  of 
Iowa  or  of  the  United  States,  all  the  territory  embraced  within  the  cor- 
porate limits  of  any  such  city  may  be  consolidated  into  and  become  one 
independent  school  district,  known  as  the  independent  school  district  of 
(naming  the  city),  state  of  Iowa,  in  the  manner  following:  [32  G.  A., 
ch.  155,  §  1.] 

SEC.  2820-f.  Petition — question  submitted — consolidation  effected 
— board  of  directors — officers.  When  a  written  petition,  requesting 
the  establishment  of  a  consolidated  independent  district  whose  territory 
shall  be  co-extensive  with  that  of  such  city,  signed  by  one  hundred  voters 
of  such  city,  is  filed  with  the  board  of  the  school  corporation,  therein 
having  the  largest  number  of  voters,  it  shall  be  the  duty  of  said  board 
within  ten  days,  to  call  an  election,  at  which  all  the  voters  residing  in 
the  proposed  district  shall  be  allowed  to  vote  by  ballot  for  or  against  the 
proposition,  "Shall  all  the  territory  within  the  city  of  (naming  it)  be 
united  into  one  school  district?"  The  board  calling  said  election  shall 
divide  the  territory  within  the  proposed  district  into  such  number  of 
precincts,  as  the  board  shall  determine,  and  the  judges  of  election  shall 
make  and  certify  a  return  of  the  vote  to  the  secretary  of  the  same  board 
which  shall,  on  the  next  Monday  after  the  election,  canvass  the  returns 
made  to  the  secretary,  ascertain  the  result  of  the  election,  declare  the 
same  and  cause  a  record  to  be  made  thereof,  and  in  all  other  respects, 
except  as  inconsistent  with  the  provisions  of  this  act,  the  election  shall 
be  conducted  as  provided  by  law  for  elections  in  independent  school 
districts  in  cities  of  the  first  class.  If  a  majority  of  the  votes  cast  at 
such  election  is  favorable  to  the  proposition,  the  consolidation  and  for- 
mation of  said  independent  district  shall  thereby  be  effected,  and  the 
board  of  directors,  treasurer,  and  other  officers  of  the  school  corpora- 
tion then  holding  office  in  the  district  affected  by  such  consolidation 
having  the  largest  number  of  voters,  shall  become  the  board  of  directors, 
treasurer  and  other  officers  of  such  consolidated  district,  and  shall  con- 
tinue to  hold  their  respective  offices  until  the  terms  for  which  they  were 
originally  elected  shall  expire.  The  terms  of  office  of  all  directors, 
treasurers  and  officers  of  boards  in  all  the  other  districts  affected  by  this 
act,  lying  wholly  within  such  consolidated  district  and  holding  office  at 
the  time  of  such  consolidation,  shall  cease  and  determine,  and  in  case  of 
districts  lying  partly  without  such  consolidated  district,  the  directors, 


78  SCHOOL  LAWS  OF  IOWA. 

officers  and  treasurers  shall  continue  to  have  authority  only  over  the 
territory  lying  within  their  districts,  and  without  the  consolidated  dis- 
trict; provided  that  nothing  herein  contained  shall  affect  the  terms  of 
employment  of  superintendents,  principals,  or  teachers  for  the  current 
school  year,  in  which  such  consolidation  may  be  effected.  [32  G.  A., 
ch.  155,  §  2.] 

SEC.  2820-g.  Taxes.  All  taxes  previously  certified  during  that 
year,  shall  be  void  so  far  as  the  property  within  the  limits  of  the  con- 
solidated independent  district  is  concerned.  And  all  taxes  necessary  for 
the  new  corporation  for  that  year  shall  be  certified  and  levied  as  pro- 
vided in  section  twenty-seven  hundred  ninety-six  (2796)  of  the  code. 
All  property  belonging  to  districts  affected  by  such  consolidation  shall 
become  the  property  of  the  consolidated  district,  except  that  in  case  of 
districts  lying  partly  without  such  city,  the  liabilities  and  assets  of  such 
districts  shall  be  equitably  apportioned  in  accordance  with  chapter  one 
hundred  thirty-six  (136),  section  thirteen  (13)  acts  of  the  thirty-first 
(31)  general  assembly,  but  nothing  herein  contained  shall  affect  the 
rights  of  existing  creditors.  [32  G.  A.,  ch.  155,  §  3.] 

SEC.  2820-h.  Election  expense.  The  expense  of  such  election  shall 
be  borne  by  the  consolidated  district,  in  case  such  district  shall  be  formed, 
otherwise  by  the  separate  districts  in  proportion  to  the  assessed  valuation 
therein  within  the  proposed  consolidated  district.  [32  G.  A.,  ch.  155, 
§4.] 

SEC.  2797.  Rural  independent  districts.  At  any  time  before  the 
first  day  of  August,  upon  the  written  request  of  one-third  of  the  legal 
voters  in  each  subdistrict  of  any  school  township,  the  board  shall  call  a 
meeting  of  the  voters  of  the  subdistrict,  giving  at  least  thirty  days'  notice 
thereof  by  posting  three  notices  in  each  subdistrict  in  each  school  town- 
ship, at  which  meeting  the  voters  shall  vote  by  ballot  for  or  against  rural 
independent  district  organization.  If  a  majority  of  the  votes  cast  in 
each  subdistrict  shall  be  favorable  to  such  independent  organization, 
then  each  subdistrict  shall  become  a  rural  independent  district,  and  the 
board  of  the  school  township  shall  then  call  a  meeting  in  each  rural 
independent  district  for  the  choice  of  three  directors,  to  serve  one,  two 
and  three  years,  respectively,  and  the  organization  of  the  said  rural 
independent  district  shall  be  completed.  [22  G.  A.,  ch.  61.] 

NOTES:  1.  When  taken.  The  vote  upon  the  change  may  be  taken  at 
any  time  of  year,  but  the  organization  cannot  be  completed  between  August 
and  January. 

2.  Must  carry  in  all.     Unless  each  and  every  subdistrict  in  the  school 
township   gives   a   majority   vote   favoring  the  change    in   form,   the   township 
remains  a  school  township. 

3.  Town  or  village  may  organize.     A  single  subdistrict  may  be  organized 
independent  only  when  a  village,  town  or  city  is  included.     Section  2794. 

4.  Assets  and  liabilities.    When  the  new  boards  are  organized,  they  should 
meet  as  soon   as  possible,   and   make   settlement  of   assets  and   liabilities,   as 
directed  by  section  2802. 

5.  One  subdistrict  may  not.     One  subdistrict  cannot  be  changed  to  a  rural 
independent   district   unless   all   the   subdistricts  of  the   school   township   vote 
to  become  rural  independent  districts. 

6.  Validity  of  organization.     See  note  5,  section  2743. 

SEC.  2798.  Subdivision  of  independent  districts.  Independent  dis- 
tricts may  subdivide  for  the  purpose  of  forming  two  or  more  independent 


SCHOOL  LAWS   OF   IOWA.  79 

districts  or  have  territory  detached  to  be  annexed  with  other  territory 
in  the  formation  of  an  independent  district  or  districts,  the  board  of 
directors  of  the  original  independent  districts1  to  establish  the  boundaries 
of  the  districts  thus  formed,  such  new  districts  to  contain  not  less  than 
four  government  sections  of  land  each;  but  in  case  a  stream  or  other 
obstacle  shall  debar  a  number  of  children  of  school  privileges,  an  in- 
dependent district  may  be  thus  organized  containing  less  territory;  or, 
if  such  new  district  shall  include  within  its  territory  a  town  or  village 
with  not  less  than  one  hundred  inhabitants,  it  may  in  like  manner  be 
made  up  of  less  territory ;  but  in  neither  case  shall  the  new  district  con- 
tain less  than  two  government  sections  of  land,  nor  be  organized  except 
on  a  majority  vote  of  the  electors  of  each  proposed  district,  and  the  pro- 
ceedings for  such  subdivision  shall  in  all  respects  be  like  those  provided 
in  the  section  relating  to  organizing  cities  and  towns  into  independent 
districts,  so  far  as  applicable.  [18  G.  A.,  ch.  131 ;  17  G.  A.,  ch.  133, 
§§  1-4.] 

NOTES:  1.  Township  lines  not  a  bar.  The  provisions  of  this  section  apply 
to  all  independent  districts,  and  civil  township  lines  are  not  a  bar. 

2.  Area.     The  amount  of  territory  cannot  be  less  than  an  equivalent  of 
four  government  sections,  unless  the  provision  of  this  section  apply. 

3.  When  less  than  ftfur  sections.     An  independent  district  containing  ter- 
ritory amounting  to  less  than  eight  government  sections  may  be  divided  into 
two  independent  districts,  if  an  unbridged  stream  or  other  obstacle  prevents  a 
considerable  number  of  scholars  from  attending  school,  or  if  one  portion  con- 
tains a  village  of  not  less  than  one  hundred  inhabitants.    The  district  so  formed 
must  contain  territory  amounting  to  not  less  than   two  government  sections, 
and  a  majority  of  the  votes  cast  in  each  contemplated  district  must  be  cast  for 
the  division. 

4.  Minimum.     When  an  independent  district  is  subdivided  under  this  sec- 
tion the  one  of  the  districts  not  formed  in  accordance  with  the  exception  made 
must  have  at  least  four  sections. 

5.  Validity  of  organization.     See  note  5,  section  2743. 

6.  New  boards  necessary.    Attorney  general,  report  1906,  page  194;  notes 
2,  section  2793,  and  22,  section  2802. 

SEC.  2799.  Uniting  independent  districts.  Independent  districts 
located  contiguous  to  each  other  may  unite  and  form  one  and  the  same 
independent  district  in  the  manner  following:  At  the  written  request 
of  any  ten  legal  voters  residing  in  each  of  said  independent  districts,  or, 
if  there  be  not  ten,  then  a  majority  of  such  voters,  their  respective 
boards  of  directors  shall  require  their  secretaries  to  give  at  least  ten 
days'  notice  of  the  time  and  place  for  a  meeting  of  the  electors  residing 
in  each  of  such  districts,  by  posting  written  notices  in  at  least  five  public 
places  in  each  of  said  districts,  at  which  meeting  the  electors  shall  vote 
by  ballot  for  or  >against  a  consolidated  organization  of  said  independent 
districts,  and,  if  a  majority  of  the  votes  cast  at  the  election  in  each  dis- 
trict shall  be  in  favor  of  uniting  said  districts,  the  secretaries  shall  give 
similar  notice  of  a  meeting  of  the  electors  as  provided  for  by  law  for 
the  organization  of  independent  districts  including  cities  and  towns. 
[22  G.  A.,  ch.  63,  §  1;  C.  '73,  §  1811.] 

NOTES:  1.  Vote  separately.  The  proposition  to  consolidate  independent 
districts  must  be  separately  voted  upon  in  each  of  the  districts  affected. 
Unless  a  majority  of  the  votes  cast  at  such  election  in  each  district  Js  in  favor 
of  such  consolidation,  it  fails. 


80  SCHOOL  LAWS   OF   IOWA. 

2.  Application.     The  provisions  of  this  section  also  apply  to  rural  inde- 
pendent districts.  •  Opinion  of  attorney  general,  report  1902,  page  161. 

3.  Times  for  elections.     It  is  not  essential  for  the  consolidation  of  two 
school  districts  that  the  election  in  each  district  be  held  at  the  same  time,  as 
code  section  2799,  governing  such  elections,  is  only  directory.     130  Iowa,  100. 

4.  Validity  of  organization.     See  note  5,  section  2743. 

5.  New  board  necessary.    Attorney  general,  report  1906,  page  194;   notes 
2,  section  2793,  and  22,  section  2802. 

SEC.  2800.  Rural  independent  districts  united  into  school  township. 
A  township  which  has  been  divided  into  rural  independent  districts  may 
be  erected  into  a  school  township  by  a  vote  of  the  electors,  to  be  taken 
upon  the  written  request  of  one-third  of  the  legal  voters  residing  in  such 
civil  township.  Upon  presentation  of  such  written  request  to  the  town- 
ship trustees,  they  shall  call  a  meeting  of  the  electors  at  the  usual  place 
or  places  of  holding  the  township  election,  upon  giving  at  least  ten  days ' 
notice  thereof  by  posting  three  written  notices  in  each  rural  independent 
district  in  the  township,  and  by  publication  in  a  newspaper,  if  one  be 
published  in  such  township,  at  which  meeting  the  said  electors  shall  vote 
by  ballot  for  or  against  a  school  township  organization.  If  a  majority 
of  the  votes  cast  at  such  election  be  in  favor  of  such  organization,  each 
rural  independent  district  shall  become  a  subdistrict  of  the  school  town- 
ship, and  shall  organize  as  such  on  the  first  Monday  in  March  following 
by  the  election  of  a  director,  notice  of  which  shall  be  given  as  in  other 
cases  by  the  secretary  of  each  of  the  rural  independent  districts,  and  the 
directors  so  elected  shall  organize  as  a  board  of  directors  of  the  school 
township  on  the  first  day  of  July  following,  unless  that  date  falls  on 
Sunday,  in  which  case  on  the  day  following.  [31  G.  A.,  ch.  136,  §  11 ; 
16  G.  A.,  ch.  155;  C.  '73,"§§  1815-20.] 

NOTES:  1.  Who  may  act.  The  electors  of  any  civil  township  which  has 
adopted  the  rural  independent  school  district  organization,  may  vote  upon  the 
question  of  returning  to  the  school  township  organization. 

2.  Petition — to  whom  presented.     The  petition  provided  for  in  this  section 
may  be  presented  to  the  trustees  and  the  vote  ordered  at  any  time  of  the  year. 
When  a  proper  petition   is  presented,  the  law  makes  it  mandatory   upon  the 
township  trustees  to  call  and  hold  an  election. 

3.  A  school  township  meeting.     The  meeting  held  to  determine  the  ques- 
tion of  school  township  organization,  is  a  township  meeting;  if  the  vote  is  in  the 
affirmative,  each  and  every  rural   independent  school  district  in  the  township 
becomes  a  subdistrict  of  the  school  township. 

4.  Election  of  judges.     The  township  trustees  may  act  as  judges  of  this 
election,  but  in  their  abstn?e  the  electors  assembled  may  choose  a  chairman 
and  one  or  two  secretaries  to  act  as  judges. 

5.  When  organization  completed.    The  board   of  each  rural   independent 
school   district  will   continue  to   act  until   the  first   day  of  July  following  the 
election,  at  which  time  a  full  statement  of  all  assets  and  liabilities  of  the  dis- 
trict should  be  reported  to  the  board  of  the  school  township  when  organized. 

6.  Township  as  a  single  district.     The  first  board  of  a  school  township 
formed  from  a  township  organized  as  a  single  rural  district,  will  consist  of  three 
directors  elected  by  the  whole  township.     Section  2752.     If  this  board  chooses 
to  subdivide  the  township  it  may  do  so.     Section  2801. 

7.  Township  meeting.     The  school  township  meeting  is  held  on  the  second 
IT^Tifiay  in  March,  to  vote  the  necessary  schoolhouse  taxes  as  provided  in  section 
2749. 

8.  Authority  of  boards.     Between  the  time  of  the  election  provided  for 
and  the  first  day  of  July  following,  the  boards  of  the  several  rural  independent 
school  districts  have  authority  to  perform  all  necessary  acts  relating  to  the 


SCHOOL  LAWS  OF  IOWA.  81 

affairs  of  their  districts,  but  they  cannot  incur  any  indebtedness,  nor  make  any 
contracts,  except  such  as  may  be  necessary  to  maintain  the  usual  schools  of  their 
districts. 

9.  Duty  of  secretary.     Upon  the  organization  of  the  school  township,  the 
secretary  should  file  with  the  county  auditor  and  treasurer  a  certified  plat  of 
the  district,  and  report  to  the  county  superintendent,  auditor  and  treasurer,  the 
name  and  address  of  each  officer  of  the  new  board.     Section  2766. 

10.  Assets  and  liabilities.     The  school  township  receives  all  the  assets  and 
assumes  all  the  liabilities  of  the  several  rural  independent  school  districts.     In 
case  a  rural  independent  school  district  has  issued  bonds  or  otherwise  incurred 
an  indebtedness,  for  the  erection  of  a  schoolhouse  and  the  electors  have  failed  to 
provide  for  the  payment  thereof,  the  board  of  the  school  township  has  authority 
to  apportion  schoolhouse  taxes  for  the  payment  of  such  indebtedness,  from  time 
to  time,  as  justice  and  equity  may  require.     Section  2813. 

1.1.  Validity  of  organization.     See  note  5,  section  2743. 

SEC.    2801.    Division   of   school   township    into   subdistricts.     The 

board  of  any  school  township  may  by  a  vote  of  a  majority  of  all  the 
members  thereof,  at  the  regular  meeting  in  July,  or  at  any  special  meet- 
ing called  thereafter  for  that  purpose,  divide  the  school  township  into 
subdistricts  such  as  justice,  equity  and  the  interests  of  the  people  require, 
and  may  make  such  alterations  of  the  boundaries  of  subdistricts  hereto- 
fore formed  as  may  be  deemed  necessary,  and  shall  designate  such  sub- 
districts  and  all  subsequent  alterations  in  a  distinct  and  legible  manner 
upon  a  plat  of  the  school  township  provided  for  that  purpose,  and  shall 
cause  a  written  description  of  the  same  to  be  recorded  in  the  records  of 
the  school  township,  a  copy  of  which  shall  be  delivered  by  the  secretary 
to  the  county  treasurer  and  also  to  the  county  auditor,  who  shall  record 
the  same  in  his  office.  The  boundaries  of  subdistricts  shall  conform  to 
the  lines  of  the  congressional  divisions  of  land,  and  the  formation  or 
alteration  of  subdistricts  as  contemplated  in  this  section  shall  not  take 
effect  until  the  first  Monday  in  March  thereafter,  at  which  time  a  di- 
rector shall  be  elected  for  any  subdistrict  newly  formed.  [31  G.  A.,  ch. 
136,  §  12 ;  21  G.  A.,  ch.  124 ;  16  G.  A.,  ch.  109 ;  C.  '73,  §§  1725,  1738,  1796 ; 
R.,  §  2038.] 

NOTES:      1.  Compliance.     All  changes  in  subdistrict  boundaries  must  be 
made  in  strict  conformity  with  this  section. 

2.  Vote    necessary.       Subdistrict    boundaries    can    be    changed    only    by 
affirmative  vote  of  a  majority  of  all  the  members  of  the  board. 

3.  When   made.      While  this   section   provides   that   boards   may   change 
subdistrict  boundaries  at  the  regular  meeting  in  July,  or  at  a  special  meeting 
called   for  that  purpose,   it  must  be   understood   that  such   change  cannot  be 
made  so  late  as  to  prevent  the  notices  of  election  from  'being  given  at  least 
five  days  previous  to  the  subdistrict  elections,  as  required  by  section  2751. 
Decisions,  52. 

4.  Change  of  civil  township— effect  of.     When  new  civil   townships  are 
formed,  the  corresponding  changes  in  school  township  boundaries  take  effect 
at  the  next  subdistrict  election.     Section  2790. 

5.  All   territory   in    some    corporation.      All    territory    must    be    included 
within  some  school  corporation,  and  all  of  a  school  township  must  be  included 
in  some  subdistrict,  when  the  territory  is  so  subdivided.     Decisions,  33. 

6.  Suhdistrict  not  a  corporation.     A  subdistrict  is  not  a  corporate  body 
and  has  no  financial  claims,  nor  can  it  be  held  liable  for  debts,  except  as  a  part 
of  the  school  township.     Decisions,  13. 

7.  Bedistricting.     The  hoard  may  discontinue  or  abolish  any  subdistrict 
by  a  readjustment  of  boundaries,  and  it  may  provide  that  there  shall  be  no 
subdistricts,  and  that  the  schools  of  the  corporation  shall  be  governed  by  a 
board  of  three  directors  chosen  from  the  township  at  large.     Section  3752, 

6 


82  SCHOOL  LAWS  OF  IOWA. 

8.  County   officers   notified.      It   is   especially   important   that   the   county 
auditor  and  treasurer  be  officially  notified  by  the  secretary,  whenever  any  changes 
are  made  in  district  boundaries,  by  the  formation  of  independent  districts  or 
otherwise,  to  enable  these  officers  to  perform  their  duties  in  the  levy  of  taxes, 
and  the  apportionment  and  disbursement  of  school  funds. 

9.  Congressional  divisions.      By  congressional   divisions  of  land  is  meant 
those   divisions  authorized  by   congress  in   government   surveys,   of  which  the 
smallest  is,  in  general,  one-sixteenth  of  a  section,  or  a  tract  of  forty  acres  in  a 
square  form.     Government  lines,  however,   sometimes  meander   along  streams 
and  other  bodies  of  water,  and  divisions  of  land  are  thus  formed  of  less  than 
forty  acres.     Decisions,  33. 

10.  Number  necessary  for  new  subdistrict.     There  is  nothing  in  the  law 
fixing  the  number  of  persons  of  school   age  necessary  for  a  new  subdistrict, 
nor  is  the  exact  amount  of  territory  to  be  included  determined  by  the  law. 

11.  Entire  corporation  considered.     When  establishing  subdistrict  bound- 
aries the  interests  of  the  entire  corporation  must  be  considered.     Decisions, 
111. 

SEC.  2802.  Changes  of  boundaries — division  of  assets  and  liabilities. 
When  any  changes  are  made  in  the  boundaries  of  any  school  corporation 
the  new  corporation  shall  elect  a  board  of  directors  in  accordance  with 
the  new  boundaries,  and  such  new  boards  shall  organize  as  provided  in 
section  twenty-seven  hundred  fifty-seven  (2757)  of  this  chapter.  The 
boards  of  directors  in  office  at  the  time  the  changes  are  made  in  the 
boundaries  of  the  school  corporation,  shall  continue  to  act  until  the 
boards  of  directors  representing  the  newly  formed  districts  have  been 
duly  organized,  whereupon  the  new  boards  shall  make  an  equitable 
division  of  all  assets  and  liabilities  of  the  corporations  affected;  and,  if 
they  cannot  agree,  the  matters  upon  which  they  differ  shall  be  decided 
by  disinterested  arbitrators,  one  selected  by  each  board  having  an  interest 
therein,  and  if  the  number  thus  selected  is  even  then  one  shall  be  added 
by  the  county  superintendent,  and  the  decision  of  the  arbitrators  shall 
be  made  in  writing,  either  party  having  the  right  to  appeal  therefrom  to 
the  district  court.  [C.  '73,  §  1715;  31  G.  A.,  ch.  136,  §  13.] 

NOTES:  1.  Assets  and  liabilities.  Assets  include  schoolhouses,  sites,  and 
all  other  property  and  moneys  belonging  to  the  district.  Liabilities  include 
all  debts  for  which  the  district  in  its  corporate  capacity  is  liable.  In  deter- 
mining the  assets,  school  property  should  be  estimated  at  its  present  cash 
value. 

2.  Assets — apportionment  of.     The  division  of  assets  will  relate  to  the 
schoolhouse  and  other  property,  moneys  in  all  funds  on  hand,  and  uncollected 
taxes.  The  territory  transferred  carries  with  it  such  a  part  of  the  assets  and 
liabilities  of  the  corporation  to  which   it  belonged  as  the  assessed  valuation 
of  such  territory  is  part  of  the  assessed  valuation  of  the  property  of  the  corpora- 
tion. 

3.  Teachers'   fund — apportionment.      Any   portion   of   the   teachers'    fund 
derived  from  the  semi-annual  apportionment,  should  be  divided  in  propor- 
tion to  the  number  of  persons  between  five  and  twenty-one  years  of  age,  ac- 
cording to  the  last  enumeration. 

4.  Schoolhouse— where   belong.      Schoolhouses    will    usually   become   the 
property  of  the  district  in  which  they  are  situated.     If  their  va-lue  exceeds  the 
amount  justly  due  that  district,  and  there  is  not  sufficient  schoolhouse  fund 
on  hand  to  equalize  the  division,  the  boards  should  fix  the  amount  each  district 
should  receive  or  pay. 

5.  Equitable  division  desired.     An  equitable   arrangement  mutually  sat- 
isfactory to  the  parties  in  interest  will  be  in  accordance  with  the  intent  of  the 
law.    Any    agreement   should   be    reduced    to    writing,    and    entered    upon    the 
records  of  each  district. 


SCHOOL  LAWS  OP  IOWA.  83 

6.  Claim.  The  districts,  after  the  division,  which  do  not  receive  their 
just  proportion  of  schoolhouse  property,  have  a  claim  against  those  that  do 
obtain  more  than  a  due  share.  The  last  are  indebted  to  the  first  in  the  difference. 
36  Iowa,  216. 

.7.  Unpaid  and  delinquent  taxes — apportionment.  A  simple  and  just 
method  to  dispose  of  unpaid  and  delinquent  taxes,  also  of  all  funds  in  the  hands 
of  the  county  treasurer,  is  to  direct  the  payment  of  these  funds  in  such 
manner  that  taxes  derived  from  any  part  of  the  territory  shall  be  paid  to 
the  district  to  which  such  territory  will  then  belong. 

8.  Recovery.     If  money  is  received  which  belongs  to  another,   the  rule 
is  a  general  one  that  the  law  implies  a  promise  on  the  part  of  the  receiver  to 
pay  it  over.     Based  upon  this  promise  an  action  may  be  maintained  for  its 
recovery.     11  Iowa,  506;  80  Iowa,  495. 

9.  Injunction  as  a  test.     Any  conflict  between  districts,  with   regard  to 
boundaries  will  be  'best  determined  'by  the  one  aggrieved  asking  a  court  to  re- 
strain the  county  treasurer  from  paying  taxes  to   the  other   district,  on   the 
ground  that  the  district  complaining  is  entitled  to  receive  said  taxes. 

10.  Scope  of  the  law.     Section  2793  provides  for  a  change  of  boundaries 
between    adjoining    independent    districts    in    the    same    county    and    for   con- 
solidation. 

11.  Change   of   boundaries.      If   the    boundary   .between   an    independent 
district  and  a  school  township  is  the  line  of  the  civil  township,  it  cannot  be 
changed  under  section  2793-a,  except  there  be  an  incorporated  town,  and  then 
only  by  the  extension  of  the  corporate  limits  of  such  town.  If  the  independent 
school  district  includes  a  portion  of  a  civil  township,  the  remainder  of  which 
is  a  school  township,  the  boundary  between  the  districts  may  be  changed. 

12.  Concurrencce—  appeal.     Where  a  change  of  boundaries  between  dis- 
tricts is  desired,  and  one  of  the  boards  acts  favorably,  a  petition  may  be  pre- 
sented to  the  other  board  to  concur  in  that  action,  although  it  formerly  may 
have  refused  to  grant  a  similar  petition.     Prom  the  action  of  the  latter  board 
upon  the  request  an  appeal  may  be  taken. 

13.  Initiatory — no  appeal.     No  appeal  can  -be  taken  from  an   action   of 
the  board  taking  the  initiatory  step,  while  it  requires  the  concurrence  of  another 
board  to  complete  the  action.    The  concurrence  or  refusal  of  the  second  board  is 
the  order  from  which  an  appeal  may  be  taken.     Decisions,  49,  58. 

14.  Power   of   county   superintendent.      When   an   appeal   is   taken   from 
the  proper  board,  the  county  superintendent  must  affirm  the  action  of  one  board 
or  the  other,  but  cannot  himself  modify  the  action  of  the  board  acting  first. 
Decisions,  58. 

15.  Assets  and  liabilities.     Territory   transferred   from   one   district  to 
another  carries  with  it  an  equitable  proportion  of  the  assets  and  liabilities  of 
the  district  from  which  it  is  taken,  the  district  accepting  it  becomes  responsi- 
ble for  such  liabilities. 

16.  Initiatory — immaterial.      It   is   not   material   which  board    takes   the 
first  action  with  regard  to  the  transfer  of  territory.    Usually  it  is  desirable  to 
secure  the  action  of  the  board  with  regard  to   which  there  is  no  doubt,  and 
afterward  to  endeavor  to  induce  the  other  board  to  take  the  same  action.     If 
the  board  last  acting  takes  an  action  different  in  kind  it  may  be  regarded  as 
initiating  a  new  order,  which  in  turn  must  go  to  the  other  board  for  adoption 
or  rejection. 

17.  Assets  and  liabilities — no  appeal.     An   appeal  to   the  county  super- 
intendent will  not  lie  from  a  joint  action  of  the  boards  in  making  a  settlement 
of  assets  and  liabilities.     Decisions,  80. 

18.  Who  may  demand.      Demand   for   settlement  and   division   of  assets 
must  be  made  by  one  authorized  to  make  such  demand  upon  one  authorized  to 
act.     110  Iowa,  702. 

19.  Arbitrators — mandamus.      When    arbitrators    have    been    appointed, 
mandamus  will  lie  to  compel  them  to  act.     110  Iowa,  702. 

20.  Power  of  arbitrators.     The   arbitrators  can  consider   only   such   as- 
sets and  liabilities  as  existed  between  the  districts  at  the  time  the  new  district 
was  formed.     107  Iowa,  73. 


84  SCHOOL  LAWS  OP  IOWA. 

21.  Choice  of  arbitrators.     When  the  respective  boards  of  directors  have 
met  and  failed  to  agree,  mandamus  may  be  maintained  to  compel  a  choice  of 
arbitrators,  but  not  to  compel  the  making  of  equitable  division.     68  Iowa,  486. 

22.  Change  of  boundaries — new  boards.     The  boards  of  directors  of  the 
respective  districts  where  the  boundaries  of  the  school  districts  are  changed 
by  the  extension  of  the  lines   of  the  corporation,   can   act  in  their   official 
capacity  only  until  the  next  regular  election  in  the  respective  districts.     At 
such  regular  election,  each  of  the  districts  must  elect  an  entire  new  board 
of  directors  in  accordance  with  the  new  boundaries.     This  section  applies 
also  to  cases  where  such  change  is  made  by  agreement  of  the  respective 
boards  of  the  school  district.     See  report  of  attorney  general,  1906,  page  194. 

SEC.  2803.  Attending  school  in  another  corporation.  A  child  resid- 
ing in  one  corporation  may  attend  school  in  another  in  the  same  or  ad- 
joining county  if  the  two  boards  so  agree.  In  case  no  such  agreement  is 
made,  the  county  superintendent  of  the  county  in  which  the  child  re- 
sides and  the  board  of  such  adjoining  corporation  may  consent  to  such 
attendance,  if  the  child  resides  nearer  a  schoolhouse  in  the  adjoining 
corporation  and  one  and  one-half  miles  or  more  from  any  public  school 
in  the  corporation  of  his  residence.  But  before  granting  such  consent 
the  county  superintendent  shall  give  notice  to  the  board  where  the  child 
resides  and  hear  objections,  if  any.  In  case  such  consent  is  given,  the 
board  of  the  district  of  the  child's  residence  shall  be  notified  thereof  in 
writing,  and  shall  pay  to  the  other  district  the  average  tuition  per  week 
and  an  average  proportion  of  contingent  expenses  for  the  school  or  room 
thereof  in  which  such  child  attends.  If  payment  is  refused  or  neglected, 
the  board  of  the  creditor  corporation  shall  file  an  account  thereof  certi- 
fied by  its  president  with  the  auditor  of  the  county  of  the  child's  resi- 
dence, who  shall,  at  the  time  of  the  making  of  the  next  semi-annual  appor- 
tionment, deduct  the  amount  from  the  sum  apportioned  to  the  debtor 
district,  and  cause  it  to  be  paid  to  the  corporation  entitled  thereto.  [17 
G.  A.,  ch.  41;  16  G.  A.,  ch.  64;  C.  '73,  §  1793 ;  R.,  §  2024;  C.  '51,  §  1143.] 

NOTES:  1.  By  agreement  of  boards.  This  section  grants  to  all  boards 
the  power  to  agree  upon  terms  of  attendance.  Such  agreement  should  name 
the  amount  to  be  paid,  if  any,  the  time  during  which  the  stipulation  shall 
be  in  force,  and  other  matters. 

2.  Without  agreement  of  boards.     If  scholars  reside  more  than  one  and 
one-half  miles  from  a  school  in  their  own  district  and  nearer  to  a  school  in 
another  district,  which  they  desire  to  attend,  application  should  first  be  made  to 
both  boards  of  directors;  if  the  boards  refuse  to  enter  into  an  agreement,  they 
may  attend  school  in  such  district  with  the  consent  of  the  board  of  the  district 
where  they  desire  to  attend  and  of  the  county  superintendent  of  the  county 
in  which  the  children  reside. 

3.  Different  townships.     This  section  applies  to  districts  in  the  same  or 
in  different  civil  townships  or  counties. 

4.  Purpose  of  law.     What  is  sought  by  the  law   is  to  supply  to  every 
child  advantages  equal  as  nearly  as  possible  with  those  afforded  to  the  average 
child. 

5.  When  consent  of  both  boards  necessary.     If  scholars  live  nearer  to  a 
school  in  their  own  district,  or  less  than  one  and  one-half  miles  of  one,  they 
can  attend  school  in  another  district  at  the  expense  of  their  own  district, 
only  by  an  agreement  of  both  boards. 

6.  Consent  of  board  necessary.     In  no  case  may  scholars  attend  school 
in  a  district  in  which  they  do  not  reside,  without  the  consent  of  the  board 
thereof. 

7.  When  superintendent  may  act.     The  first  three  lines  give  the  boards 
power  to  agree  upon  terms  of  attendance,  without  regard  to  the  distance  in  the 


SCHOOL  LAWS  OP  IOWA.  85 

case.  But  advantage  may  not  be  taken  of  the  remainder  of  the  section  unless 
all  the  provisions  enumerated  are  fulfilled. 

8.  Distance — how    determined.       In    determining    distances    to    different 
schools  the  measurement  must  be  made  by  the  nearest  public  highway  to  each 
school.     And  if  the  person  lives  off  the  highway,  the  distance  should  be  com- 
puted by  the  nearest  and  most  accessible  private  way  as  usually  traveled  from 
the  residence  to  the  highway. 

9.  What  is  sought.     What  is  sought  to  be  determined  is  the  actual  dis- 
tance necessary  to  be  traveled  by  the  scholar.     It  may  therefore  sometimes  be 
required  to  measure  from  the  door  of  the  home  of  the  scholar  to  the  door  of 
the  schoolhouse,  in  order  to  ascertain  definitely  the  actual  distance  from  school. 

10.  Must  provide  school.     Every  district  is  bound  to  provide  school  fa- 
cilities for  the  children  thereof;    and  children  living  in   a  school  district   in 
one  county  may  attend  school  in  an  adjoining  district  in  another  county  under 
the  provisions  of  this  section.     113  Iowa,  549. 

11.  Consent  of  county  superintendent.     In  giving  or  withholding  his  con- 
sent,   the   county   superintendent   should    consider    all   the   circumstances,   and 
when  he  has  concurred  or  refused  to  concur,  the  matter  is  concluded  for  that 
time,  as  no  appeal  will  lie. 

12.  Position    of    county    superintendent.      The    position    of    the    county 
superintendent   is    somewhat   similar   to   that   of   a    disinterested    arbitrator 
between  the  two  boards.     He  should  confer  with  both  boards  if  possible  and 
should  take  into   account  all  the  conditions  of  the  case. 

13.  Superintendent  should  hesitate.      If  there  is  little  difference  in  the 
distance,  or  if  the  schoolhouse  of  the  scholar  is  only  slightly  in  excess  of  a 
mile  and  a  half,  then  the  county  superintendent  should  ihesitate  to  concur, 
especially  if  it  will   weaken   the   funds   or   diminish   the   attendance   at  the 
home  school  so  as  to  unduly  impair  its  success. 

14.  Action  is  concurrent.     The  action  of  the  board  where  the  children 
desire   to    attend   and    of   the   county   superintendent   is   a    concurrent   one. 
The    two    parties    are    thus    supposed    to    have    equal    discretionary    powers. 

15.  Collection  of  tuition.     Collection  of  tuition  cannot  be  made  by  ap- 
peal to  the  county  superintendent,  but  such  questions  in  controversy  must 
be  settled  through  the  courts. 

16.  Notice.     The  notice  referred  to  cannot  be  said  to  'be  officially  trans- 
mitted unless  signed  by  both  the  president  and  secretary.     Payment  for  at- 
tendance can  be  collected  from  the  district  where  the  children  reside,  only 
from  the  date  of  such  notice.     Form  44. 

17.  Term  of.     This  notice  holds  only  for  the  term,  or  such  time  as  the 
county  superintendent  and  board  name  in  their  written  concurrent  agree- 
ment. 

18.  Mailing,  not  notice.     Depositing  a  letter  in  a  postoffice  without  fur- 
ther  proof   that   such   letter   reached    the   party    addressed,    is   not   a    legal 
notice  as  required  to  secure  payment  of  tuition.     Code,  section  3531. 

19.  Amount — how   determined.     The   average   proportion   of   tuition   and 
contingent  expenses  for  any  number  of  scholars  is   found   by  dividing  the 
amount   expended   for   these   purposes   in   the   school    where   they   have   at- 
tended,  by  the  total  attendance  in  days,  and  multiplying  the   quotient  'by 
the  number  of  days  said  scholars  have  attended. 

20.  Average  in  graded  schools.     When  scholars  attend  a  graded  school, 
the  average  tuition  should  be  computed  on  the  basis  of  the  expenses  of  each 
pupil  in  the  grade  or  room  in  which  such  scholars  are  placed;  the  average 
expense  of  contingent  fund  may  be  computed  as  a  part  of  the  whole  con- 
tingent expense  of  such  school. 

21.  Comply  with  law.     Any  other  action  than  compliance  with  the  ab- 
solute and  explicit  terms  of  the  law,   will  render  the  collection   of  tuition 
difficult  and  in  most  cases  impossible.     Decisions,  48. 

22.  Law  equitable.     The  provisions  of  this  section  are  the  result  of  a 
long   experience   in    this    state    with    regard    to    the    matter   of    attendance. 
As  a  general  provision,  the  law  is  very  equitable  and  gives  almost  universal 
satisfaction. 

SEC.  2804.     School  age — nonresidents.    Persons  between  five  and 
twenty-one  years  of  age  shall  be  of  school  age.    Nonresident  children 


86  SCHOOL  LAWS  OP  IOWA. 

and  those  sojourning  temporarily  in  any  school  corporation  may  attend 
school  therein  upon  such  terms  as  the  board  may  determine.  The  parent 
or  guardian  whose  child  or  ward  attends  school  in  any  independent  dis- 
trict of  which  he  is  not  a  resident  shall  be  allowed  to  deduct  the  amount 
of  school  tax  paid  by  him  in  said  district  from  the  amount  of  the  tuition 
required  to  be  paid.  [C.  '73,  §  1795.] 

NOTES:  1.  Under  school  age.  Children  under  five  years  of  age  would 
be  more  injured  by  the  confinement  than  benefited  by  the  instruction. 
They  cannot  claim  the  advantages  of  the  school,  and  should  not  be  al- 
lowed to  attend.  They  may  not  be  admitted  to  receive  instruction  even 
upon  the  payment  of  tuition. 

2.  Over  school  age.     Persons  over  twenty-one  years  of  age  are  not  en- 
titled to  attend   the  public  schools,  but  they   may  be   admitted   upon  such 
terms  as  the  board  deems  -proper. 

3.  Board   determines   residence.     The   board   must   be   satisfied   that   the 
residence  of  the  sciholar  in   the  district  is  actual  before  allowing  free  at- 
tendance. 

4.  Method  of  determining.     In  determining  whether  a  person  is  entitled 
to  attendance  free  of  tuition,  the  board  may  take  any  impartial  method  of 
deciding  the  question.     Decisions,  68. 

5.  Appeal.     Any  one  aggrieved  by  an  order  of  the  board  admitting,  or 
refusing  to  admit,  a  scholar,  has  the  remedy  of  appeal. 

6.  Taxes  not  basis  for  attendance.     Paying  school  taxes  does  not  entitle 
non-residents  to  school  privileges,  but  school  taxes  paid  in  an  independent 
district  shall  be  deducted  from  the  amount  of  tuition  required  of  a  non- 
resident pupil. 

7.  Self-supporting   minors.      Young    people    who    are    making   their    own 
living  should  not  be  excluded  from  school  privileges  in  the  district  where 
they  are  at  home. 

8.  Admission   of   pupil — mandamus.      The    action   of   a   school    board   in 
denying  a  pupil  free  admission  to  the  schools  on  the  ground   of  non-resi- 
dence cannot   be  reviewed   in   a   mandamus  proceeding;   the   remedy   is   ap- 
peal.    124  Iowa,  355. 

SEC.  2805.  Bible  not  excluded.  The  bible  shall  not  be  excluded 
from  any  public  school  or  institution  in  the  state,  nor  shall  any  child  be 
required  to  read  it  contrary  to  the  wishes  of  his  parent  or  guardian.  [C. 
'73,  §  1764  ;R.,  §  2119.] 

NOTES:  1.  A  suitable  exercise.  Our  common  schools  are  maintained 
at  public  expense,  and  the  law  contemplates  that  they  shall  be  equally  free 
to  persons  of  every  faith.  A  very  suitable  devotional  exercise  consists 
in  the  teacher's  reading  a  portion  of  scripture  without  comment,  and  the 
repetition  of  the  Lord's  prayer. 

2.  Teacher  determines.     Neither  the  board  nor  the  electors  may  direct 
the  teaciher  to  follow  a  given  course  in  respect  to  the  reading  of  the  bible 
in   school.      Each  teacher   will   be   guided    by   his   own   good   judgment,   re- 
stricted  only  by   the  provision  that  no  child   shall   be   required   to   read   it 
contrary  to  the  wishes  of  his  parent  or  guardian,  and  such  provision  is  not 
unconstitutional.      64  Iowa,  367.     The  wishes  of  his  patrons  may  properly 
be  given  weigiht  in  aiding  him  to  determine  his  action. 

3.  Regulation    regarding    religion.      While    moral    instruction    should    be 
given  in  every  school,  neither  this  section   nor  the  spirit  of  our  constitu- 
tion and  laws  will  permit  a   teacher   or  board   to  enforce   a   regulation   in 
regard    to    religious    exercises,    which    will    wound    the    conscience    of    any, 
and  no  scholar  can  be  required  to  conform  to  any  particular  mode  of  wor- 
ship.    64  Iowa,  367. 

4.  Moral   instruction.      Moral    instruction    tending   to    impress    upon    the 
minds  of  pupils  the  importance  of  truthfulness,  temperance,  purity,  public 
spirit,  patriotism,  and   respect  for  honest  labor,  obedience  to  parents   and 
due  deference  for  old  age,  should  be  given  by  every  teacher  in  the  public 
schools. 


SCHOOL  LAWS  OP  IOWA.  87 

5.  Injunction.     If  a  teacher  gives  religious  instruction  or  teaches  in  the 
interest  of  any  church  or  denomination,  the  board  may  be  prevented  from 
continuing  or  sanctioning  such  instruction,  by  injunction  from  the  courts; 
and    having    ordered    or    countenanced    this    instruction,    may    be    prevented 
in  the  same  manner  from  paying  such  teacher  from  the  public  school  funds. 

6.  Public  funds  may  not  be  used.     Tihe  diversion  of  the  school  fund  in 
any  form  or  to  any  extent  for  the  support  of  sectarian  or  private  schools 
is  inadmissible  and  clearly  in  violation  of  our  laws.      59   Iowa,   70. 

7.  Public  funds  may  not  be  loaned.      Public  money  shall  not  be  appro- 
priated,   given    or    loaned    by   the   corporate    authorities    of    any   county    or 
township,   to   or   in   favor   of   any   institution,   school,   association   or  object 
which   is   under  ecclesiastical   or  sectarian   management   or   control.      Code, 
section  593. 

TAXES. 

SEC.  2806.  School  taxes.  The  board  of  each  school  corporation 
shall  at  its  regular  meeting  in  July,  or  at  a  special  meeting  called  for 
that  purpose  between  the  time  designated  for  such  regular  meeting  and 
the  third  Monday  in  August,  estimate  the  amount  required  for  the  con- 
tingent fund,  not  exceeding  five  dollars  for  each  person  of  school  age,  but 
each  school  corporation  may  estimate  not  exceeding  seventy-five  dollars 
for  each  school  thereof,  and  such  additional  sum  as  may  be  necessary  not 
exceeding  five  dollars  for  each  person  of  school  age  for  transporting 
children  to  and  from  school;  and  also  such  additional  sum  as  may  be 
authorized  in  the  chapter  on  uniformity  of  text-books ;  also  such  sum  as 
may  be  required  for  the  teachers'  fund,  which,  including  the  amount 
received  from  the  semi-annual  apportionment,  shall  not  exceed  fifteen 
dollars  for  each  person  of  school  age  therein,  but  each  corporation  may 
estimate  not  exceeding  two  hundred  and  seventy  dollars,  including  such 
apportionment,  for  each  regular  school  therein.  No  tax  shall  be  esti- 
mated by  the  board  after  the  third  Monday  in  August  in  each  year. 
School  corporations  containing  territory  in  adjoining  counties  may  vote 
and  estimate  all  taxes  for  school  purposes  in  mills.  The  board  .shall 
apportion  any  tax  voted  by  the  annual  meeting  for  schoolhouse  fund 
among  the  several  subdistricts  in  such  a  manner  as  justice  and  equity 
may  require,  taking  as  the  basis  of  such  apportionment  the  respective 
amounts  previously  levied  upon  said  subdistricts  for  the  use  of  such 
fund.  [31  G.  A.,  ch.  136,  §  14;  28  G.  A.,  ch.  108;  15  G.  A.,  ch.  67,  §  1; 
C.  73,  §§  1738,  1777-8,  1780;  R.,  §§  2033-4,  2037-44,  2088.] 

NOTES:  1.  Specific  sums  certified.  This  section  requires  boards  to  cer- 
tify the  specific  sums  necessary  to  be  raised  for  teachers'  and  contingent 
funds  to  the  board  of  supervisors,  whose  duty  it  is  to  estimate  and  levy 
the  per  centum  necessary  to  raise  the  amounts  so  certified. 

2.  Joint    districts    certify   mills.      Districts    formed    from    territory    lying 
in    adjoining   counties,    may   vote   and    certify   to   the   respective    boards    of 
supervisors  the  number  of  mills  on  the  dollar  required  to  raise  the  neces- 
sary school  taxes. 

3.  Tax  void.      The   general   rule   is   that  a   tax  estimated   by  the   board 
after  the  third  Monday  in  August  is  void.     This  renders  it  essential   that 
boards  certify  taxes  within  the  required  time.      73   Iowa,  304.     For  excep- 
tions see  sections   2767,   2796,   3973. 

4.  Schoolhouse  fund  voted  by  electors.     It  is  the  rule  that  schoolhouse 
funds  must  be  voted  by  the  electors.     Exceptions,  sections  2767,  2796,  2811, 
2813  and  3973. 

5.  Board    determines    amount    necessary.      It    is    wholly    within    the    dis- 
cretion of  the  board  to  determine  the  amounts  required  for  the  contingent 


88  SCHOOL  LAWS  OF  IOWA. 

and  teachers'  funds.      41  Iowa,  153.     Any  vote  of  the  electors  with  refer- 
ence to  these  amounts  is  only  suggestive,  and  is  not  at  all  binding. 

6.  Limit  of  levy.     This  section  limits  the  amount  which  may  be  levied 
for  any  one  year,  to  fifteen  dollars  per  scholar  for  teachers'  fund,  five  dol- 
lars   per    scholar    for    contingent    fund,    and    five    dollars    per    scholar    extra 
when    necessary   for    transportation   of   pupils;    but   authorizes   the   levy    of 
seventy-five   dollars    for   contingent,    and    two    hundred  and    seventy   dollars 
for  teachers'  fund  for  each  regular  school,  even  if  the  levy  thereby  exceeds 
five  and  fifteen  dollars  per  scholar,  for  these  funds.     When  free  text-books 
have  been  authorized,  an  additional  amount  not  exceeding  one  and  one-half 
dollars  for  each  person  of  school  age  may  be  estimated  for  the  contingent 
fund.     Section  2825. 

7.  Maximum  levy.     If  the  amount  of  schoolhouse  tax  voted  and  certified 
by   the   board   of   directors   in    any   one   year   exceeds   the   limit   which   the 
board  of  supervisors  is   allowed   to   levy  under  the   provisions  of   this   sec- 
tion, it  is  the  duty  of  the  board  of  supervisors  to  levy  only  the  maximum 
amount  authorized  by  law.     Section  2807. 

8.  Apportionment  of  funds.     The  teachers'  and  contingent  funds  are  not 
to  be  apportioned  among  the  subdistricts,  but  levied  uniformly  on  the  tax- 
able property  of  the  school  township. 

9.  When  not  apply.     The  first  provision  in  this  section  does  not  apply 
where  a  larger  tax   is  required  to   meet  the  interest  on   valid  outstanding 
bonds.     69  Iowa,  612.     Section  2813. 

10.  Minimum  levy.     The  second  provision  in  this  section  was  added  for 
the  relief  of  sparsely  settled  communities,  in  which  five  dollars  per  scholar 
for   contingent  fund   and   fifteen  dollars  per   scholar   for  teachers'   fund,   is 
not  adequate  to  maintain  schools  for  the  time  required  by  law. 

11.  How  compel  secretary  to  certify.     To  determine  conclusively  whether 
it  is  the  duty  of  the  secretary  to  certify  a  tax  supposed  to  have  been  voted 
by  the  voters,  but  with  regard  to  which  vote  there  is  some  doubt,  an  appli- 
cation to  a  court  for  a  writ  of  mandamus  or  injunction,  as  the  case  may  be, 
will  secure  a  settlement  of  all  questions  involved. 

12.  A  school   corporation  not  a  municipality.      A   school   district   is   not 
a  municipality  within  the  meaning  of  chapter  62,  section  14,  laws  of  1894 
(code,   section    2445)    and    cannot   claim   one-half  of  the   mulct   tax.      102 
Iowa,  5. 

13.  When  levy  unnecessary.      If  the   board  finds  a  sufficient  amount  of 
teachers'   fund   and   contingent  fund   on   hand   and  in   sight  to  support  the 
schools  for  the  current  year,   it  may  decline  to  certify  any  amount  to   be 
raised  under  this  section. 

14  Taxes — laches — estoppel.     123  Iowa,  55. 

15  Taxes — recovery.     109  Iowa,   606. 

SEC.  2807.  Levy  by  board  of  supervisors.  The  board  of  super- 
visors shall  at  the  time  of  levying  taxes  for  county  purposes  levy 
the  taxes  necessary  to  raise  the  various  funds  authorized  by  law  and 
certified  to  it  under  this  chapter,  but  if  the  amount  certified  for  any 
such  fund  is  in  excess  of  the  amount  authorized  by  law  it  shall  levy 
only  so  much  thereof  as  is  authorized  by  law.  If  a  schoolhouse  tax  is 
voted  at  a  special  meeting  and  certified  to  said  board  after  the  regular 
levy  is  made,  it  shall  at  its  next  regular  meeting  levy  such  tax  and 
cause  the  same  to  be  forthwith  entered  upon  the  tax  list  to  be  collected 
as  other  school  taxes.  It  shall  also  levy  a  tax  for  the  support  of  the 
schools  within  the  county  of  not  less  than  one  nor  more  than  three 
mills  on  the  dollar  on  the  assessed  value  of  all  the  taxable  property 
within  the  county.  [C.  '73,  §§  1779-80;  R.,  §§  2057,  2059.] 

NOTES:  1.  Transfer.  A  board  of  review  has  no  authority  to  transfer 
property  from  one  gchoql  corporation  to  another  for  assessment.  108 
N.  W.,  220, 


SCHOOL  LAWS  05s  IOWA.  89 

2.  Taxes — liability.  Property  in  a  school  corporation  at  the  time  of  the 
levy  of  a  sohoolhouse  tax  is  liable  for  the  tax,  though  not  a  part  of  the 
corporation  at  the  time  the  tax  was  voted.  108  N.  W.,  528. 

SEC.  2803.  Apportionment.  The  county  auditor  shall  on  the  first 
Monday  in  April  and  the  first  Monday  in  October  of  each  year, 
apportion  to1  the  school  tax,  together  with  the  interest  of  the  per- 
manent school  fund  and  rents  on  unsold  lands  to  which  the  county 
is  entitled  as  shown  in  the  notice  from  the  auditor  of  state,  and  all 
other  money  in  the  hands  of  the  county  treasurer  belonging  in  common 
to  the  schools  of  the  county  and  not  included  in  any  previous  appor- 
tionment among  the  several  corporations  therein,  in  proportion  to  the 
number  of  persons  of  school  age,  as  shown  by  the  report  of  the  county 
superintendent  filed  with  him  for  the  year  immediately  preceding.  He 
shall  immediately  notify  the  county  treasurer  of  such  apportionment 
and  of  the  amount  due  thereby  to  each  corporation.  The  county 
treasurer  shall  thereupon  give  notice  to  the  president  of  each  corpo- 
ration, and  shall  pay  out  such  apportionment  moneys  in  the  same 
manner  that  he  is  authorized  to  pay  other  school  moneys  to  the 
treasurers  of  the  several  school  districts.  [32  G.  A.,  ch.  151,  §  3;  27 
G.  A.,  ch.  94;  C.  '73,  §§  1781-2,  1841;  R.,  §§  1966,  2060-1.] 

NOTES:  1.  Warrant  for.  This  warrant  must  be  signed  by  the  presi- 
dent and  countersigned  by  the  secretary,  to  authorize  payment  of  the 
amount  named  therein  upon  presentation  by  the  district  treasurer.  Form  16. 

2.  Basis  of  apportionment — review.  The  auditor,  in  making  the  appor- 
tionment, performs  a  ministerial  duty  and  is  without  authority  to  review 
the  school  census.  Ill  N.  W.,  943. 

SEC.  2809.  Auditor  to  report.  The  county  auditor,  shall  on  the 
first  Monday  in  January  of  each  year,  forward  to  the  superintendent 
of  public  instruction  a  certificate  of  the  election  or  appointment  and 
qualification  of  the  county  superintendent,  and  shall  also  on  the  first 
day  of  January  of  each  year  make  out  and  transmit  to  the  auditor 
of  state,  in  accordance  with  such  forms  as  said  auditor  may  prescribe, 
a  report  of  the  amount  of  permanent  school  fund  held  by  the  county 
and  also  the  amount  of  interest  due  prior  to  January  first,  still  re- 
maining unpaid,  and  shall  file  said  report  with  the  auditor  of  state  on 
or  before  the  first  day  of  February.  [32  G.  A.,  ch.  151,  §  2;  C.  '73, 
§  1783.] 

NOTES:  1.  Certificate  of  election.  This  certificate  should  be  forwarded 
to  the  superintendent  of  public  instruction  as  soon  as  the  qualification 
and  bond,  properly  approved,  have  been  filed  in  the  office  of  the  county 
auditor. 

2.  AVhat    certificate    should   show.      The    certificate    should    in    all    cases 
certify  to  the  qualification  as  well   as  the  election  or  appointment  of  the 
county    superintendent,    for   although    he    may    be    properly   elected    or   ap- 
pointed, yet  he  cannot  be  recognized  until  it  is  known  that  he  has  taken 
the  necessary  oath  of  office,  and  that  his  .bond  is  approved. 

3.  In  case  of  change.     Whenever  any  change  is  made  by  resignation  or 
otherwise,    a    certificate    of    the    appointment    and    qualification    of    a    suc- 
cessor should  be  immediately  forwarded.     Forms  37  and  38. 

SEC.  2810.  Taxes  paid  over.  Before  the  -third  Monday  of  Jan- 
uary, April,  July  and  October  in  each  year,  the  county  treasurer  shall 
give  notice  to  the  president  of  the  board  of  each  school  corporation  in 


90  SCHOOL  LAWS  OF  IOWA. 

• 

the  county  of  the  amount  collected  for  each  fund  to  the  first  day  of 
such  month,  and  the  president  of  each  board  shall  draw  his  draft 
therefor,  countersigned  by  the  secretary,  upon  the  county  treasurer, 
who  shall  pay  such  taxes  to  the  treasurers  of  the  several  school  boards 
only  on  such  draft.  He  shall  also  keep  the  amount  of  tax  levied  for 
schoolhouse  purposes  separate  in  each  subdistrict  where  such  levy  has 
been  made  directly  upon  the  property  of  the  subdistrict,  and  shall 
pay  over  the  same  quarterly  to  the  treasurer  of  the  school  township 
for  the  benefit  of  such  subdistrict.  [C.  '73,  §§  1784-5.] 

NOTES:  1.  Certify  amount  collected.  It  is  the  duty  of  the  county  treas- 
urer to  notify  the  president  of  the  board  of  each  district,  quarterly,  of  the 
amount  collected  for  each  fund  and  pay  it  to  the  district  treasurer  on  the 
warrant  of  the  president  countersigned  by  the  secretary.  Form  39. 

2.  When   draft   is   drawn.      Whenever   a    draft   is    drawn    on   the    county 
treasury,   it  is   the   duty   of  the  secretary   to   charge   the   district   treasurer 
with  the  amount  named  in  the  draft,  keeping  a  separate  account  with  each 
fund.     Section   2761. 

3.  Funds  kept   separate.      The   four   funds— teachers',   schoolhouse,   con- 
tingent and  school  building  bond  fund — must  be  kept  separate  by  the  county 
treasurer,   as   directed   in  this   section,   to   enable   school   officers   to   comply 
with  the  law  in  the  discharge  of  their  official  duties.     Sections  2761,  2762, 
2768  and  2769.     Form  39. 

4.  Division  reported  by  county  treasurer.     The  division  of   funds  made 
by  the  county  treasurer  must  be  respected  by  the  board,  unless  the  electors 
direct  schoolhouse  funds  unappropriated  transferred  to  other  funds.     This 
is  the  only  transfer  provided  for  by  law.     Section   2749. 

SEC.  2811.  Judgment  tax.  When  a  judgment  shall  be  obtained 
against  a  school  corporation,  its  board  shall  order  the  payment  thereof 
out  of  the  proper  fund  by  an  order  on  the  treasurer,  not  in  excess,  how- 
ever, of  the  funds  available  for  that  purpose.  If  the  proper  fund 
is  not  sufficient,  then,  unless  its  board  has  provided  by  the  issuance 
of  bonds  for  raising  the  amount  necessary  to  pay  such  judgment,  the 
voters  thereof  shall  at  their  annual  meeting  vote  a  sufficient  tax  for 
the  purpose.  In  case  of  failure  or  neglect  to  vote  such  a  tax,  the 
school  board  shall  certify  the  amount  required  to  the  board  of  super- 
visors, who  shall  levy  a  tax  on  the  property  of  the  corporation  for  the 
same.  [18  G.  A.,  ch.'  132,  §  6;  C.  '73,  §  1787;  R.,  §  2095.] 

NOTES:  1.  No  order  has  preference.  An  order  drawn  under  this  sec- 
tion is  not  entitled  to  payment  to  the  exclusion  of  other  orders.  40  Iowa, 
620. 

2.  Bonds  to  pay  judgments.     Judgment  indebtedness  may  be  converted 
into  bonded  indebtedness,  ,but  not  beyond  the  constitutional  limit. 

3.  Limit   of   indebtedness.      See   sections   1306-b  and   2820-a   to    2.820-d, 
following  section  2796,  page  92. 

BONDS— INDEBTEDNESS. 

SEC.  2812-b.  Repeal.  That  chapter  one  hundred  and  forty  (140) 
laws  of  the  thirty-first  general  assembly,  be  and  the  same  is  hereby 
repealed  and  the  following  sections  enacted  in  lieu  thereof  [29  G.  A., 
ch.  127 ;  28  G.  A.,  ch.  .142 ;  27  G.  A.,  ch.  95 ;  21  G.  A.,  ch.  95 ;  18  G.  A., 
ch.  51,  §§  1,  3;  18  G.'A.,  ch.  132,  §§  1-5;  16  G.  A.,  ch.  121;  C.  73 
S§  1821-2^;  31  G.  A,  ch.  140;  32  G.  A.,  ch.  152,  §  1.] 


SCHOOL  LAWS  OP  IOWA.  91 

SEC.  2812-c.  School  funding  bonds.  The  board  of  directors  of  any 
school  corporation  may  issue  the  bonds  of  said  school  corporation 
to  pay  any  judgment  against  said  school  corporation  or  any  indebted- 
ness represented  by  bonds  heretofore  lawfully  issued.  Said  bonds 
shall  be  known  as  school  funding  bonds  and  shall  be  authorized  by 
resolution  of  the  board.  The  proceeds  derived  from  said  bonds  shall 
be  applied  in  payment  of  any  such  outstanding  judgment  or  bonded 
indebtedness,  or  said  bonds  may  be  exchanged  for  outstanding  judg- 
ments or  bonds,  par  for  par.  [32  G.  A.,  ch.  152,  §  2.] 

NOTES:  1.  When  issued.  Bonds  voted  under  the  provisions  of  this 
section  may  be  issued  and  sold  as  the  necessities  of  the  school  corporation 
require. 

2.  Funding  bonds.      This   section   authorizes   the   board    of   directors    of 
any  school  corporation  to  issue  funding  bonds  without  a  vote  of  the  electors, 
but  the   board   cannot   issue  school   building  bonds   without   a   vote   of   the 
electors.     See  section  2812-d. 

3.  Taxes — bonds.      There    is    no    intimate    connection    between    the    levy 
of  taxes  and   an   outstanding   bonded   indebtedness.      The   levy   of   taxes   is 
not  intended  by  the  law  to  be  considered  as  an  outstanding  indebtedness. 
The   limit  of   bonded   indebtedness   is   fixed   by   chapter    41,    laws    of    1900. 
The  limit  for  levy  of  taxes  by  sections  2749,  2806-7,  2813.     See  1306-b  and 
2820-a,  page  92. 

SEC.  2812-d.  School  building  bonds.  For  the  purpose  of  borrow- 
ing money  necessary  to  erect,  complete,  equip,  furnish  or  improve  a 
schoolhouse,  or  to  purchase  sites  therefor,  the  board  of  directors  of 
any  school  corporation,  when  they  have  been  heretofore,  or  when 
they  may  hereafter  be  authorized  by  the  voters  at  the  annual  meeting 
or  at  a  special  meeting  called  for  that  purpose,  may  issue  the  negotiable 
interest  bearing  bonds  of  said  school  corporation;  said  bonds  to  be 
known  as  school  building  bonds.  [32  G.  A.,  ch.  152,  §  3.] 

NOTES:  1.  Valuation — tax  lists.  As  indicating  the  valuation  of  the 
district,  the  tax  lists  may  not  be  taken  into  account  until  after  the  levy  of 
the  taxes  in  September.  70  Iowa,  230. 

2.  Defeat  of  proposition— effect  of.      The   fact  that  the  vote   for   bonds 
was  defeated  will  not  prevent  the   board  from  calling  another  election  at 
any  time  when  it  thinks  best  to  do  so. 

3.  Issue  not  mandatory.      While  a  vote  to   issue   bonds  is   regarded   by 
the  courts  as  somewhat  in  the  nature  of  permissive  authority  to  the  board, 
yet   a   board   may   not   attempt   to    defeat   the   wish    of    the   voters    clearly 
expressed.     Decisions,  75,  laws  of  1897. 

4.  Compliance  necessary.      In   the   matter  of   issuing   bonds,  every   legal 
requirement  should  be  scrupulously  adhered  to,  in  order  that  not  even  the 
slightest    irregularity    may    be    urged    against    the    validity    of    the    bonds, 
when  they  come  to  be  negotiated. 

5.  Bights  of  interested  persons.      If  a  board  takes  an  action  calculated 
to  thwart  the  will  of  the  voters,  perhaps  any  person  interested  could  secure 
from  a  court  a  writ  directing  the  board  to  proceed  in  the  line  of  fulfilling 
the  expressed  wish  of  the  voters. 

SEC.  2812-e.     Form — duration — rate  of  interest — where  registered. 

All  of  said  bonds  shall  be  substantially  in  the  form  provided  for 
county  bonds,  but  subject  to  changes  that  will  conform  them  to  the 
action  of  the  board  providing  therefor,  shall  run  not  more  than 
ten  years,  and  may  be  sooner  paid  if  so  nominated  in  the  bond;  be  in 
denomination  of  not  more  than  one  thousand  dollars  ($1,000)  or  lesj§ 


92  SCHOOL  LAWS   OP  IOWA. 

than  one  hundred  dollars  ($100)  each,  to  bear  a  rate  of  interest  not 
exceeding  six  (6)  per  centum  per  annum,  payable,  semi-annually,  to  be 
signed  by  the  president  and  countersigned  by  the  secretary  of  the 
board  of  directors,  and  shall  not  be  disposed  of  for  less  than  par 
value,  nor  issued  for  other  purposes  than  this  chapter  provides.  All 
of  said  bonds  shall  be  registered  in  the  office  of  the  county  auditor. 
The  expenses  of  engraving  and  printing  of  bonds  may  be  paid  out  of 
the  contingent  fund.  [32  G.  A.,  ch.  152,  §  4.] 

SEC.  2812-f.  Redemption — treasurer  to  keep  record.  Whenever  the 
amount  in  the  hands  of  the  treasurer,  belonging  to  the  funds  set  aside 
to1  pay  bonds,  is  sufficient  to  redeem  one  or  more  of  the  bonds  which  by 
their  terms  are  subject  to  redemption,  he  shall  give  the  owner  of  said 
bonds  thirty  (30)  days'  written  notice  of  the  readiness  of  the 
district  to  pay  and  the  amount  it  desires  to  pay.  If  not  presented  for 
payment  or  redemption  within  thirty  days  after  the  date  of  such 
notice,  the  interest  on  such  bonds  shall  cease  and  the  amount  due 
thereon  shall  be  set  aside  for  its  payment  whenever  it  is  presented. 
All  redemptions  shall  be  made  in  the  order  of  their  numbers.  The 
treasurer  shall  keep  a  record  of  the  parties  to  whom  the  bonds  are 
sold,  together  with  their  postoffice  addresses,  and  notice  mailed  to  the 
address  as  shown  by  such  record  shall  be  sufficient.  [32  G.  A.,  ch. 
152,  §  5.] 

SEC.  1306-b.  Amount  of  indebtedness  limited.  No  county  or  other 
political  or  municipal  corporation,  including  cities  acting  under  special 
charters,  shall  be  allowed  to  become  indebted,  in  any  manner  or  for 
any  purpose,  to  an  amount  in  the  aggregate  exceeding  one  and  one- 
fourth  per  centum  on  the  actual  value  of  the  property  within  such 
county  or  corporation,  to  be  ascertained  by  the  last  state  and  county 
tax  list  previous  to  the  incurring  of  such  indebtedness.  [28.  G.  A.,  ch. 
41,  §  2.] 

NOTES:  1.  For  additional  indebtedness.  See  sections  2820-a  to  2820-d, 
Below. 

2.  Warrants  in  excess  of  limit — action  on.  Either  a  school  .district  or 
intervening  tax-payers  .may,  where  the  officers  refuse  to  act,  defend  an  ac- 
tion to  recover  on  warrants  of  the  district  on  the  ground  that  the  same 
are  in  excess  of  the  constitutional  limitation,  although  the  officers  of  the 
district  acted  in  good  faith  in  creating  the  debt  for  which  the  warrants 
were  issued,  and  still  recognize  their  validity.  122  Iowa,  99. 

SEC.  2820-a.  Indebtedness  authorized — amount.  Any  independent 
school  district  containing,  or  contained  in,  any  incorporated  town  or 
city  of  the  second  class,  of  three  thousand  or  less  population  shall  be 
allowed  to  become  indebted,  for  the  purpose  of  building  and  furnish- 
ing a  schoolhouse  or  houses  and  procuring  a  site  therefor,  to  an 
amount  not  exceeding  in  the  aggregate,  two  and  one-half  per  centum 
of  the  actual  value  of  the  taxable  property,  within  such  independent 
school  district,  such  value  to  be  ascertained  by  the  last  county  tax  list 
previous  to  the  incurring  of  such  indebtedness,  anything  contained  in 
section  two  (2),  chapter  forty-one  (41)  of  the  acts  of  the  twenty-eighth 
general  assembly  notwithstanding.  [30  G.  A.,  ch.  114,  §  1.] 

I4v4t  of  indebtedness.     Section  1306-b,  above. 


SCHOOL  LAWS   OF   IOWA.  93 

SEC.  2820-b.  Petition.  Provided,  that  before  such  indebtedness 
can  be  contracted  in  excess  of  one  and  one-quarter  per  centum  of  the 
actual  value  of  the  taxable  property  ascertained  as  provided  in  section 
one  (1)  of  this  act,  a  petition  signed  by  a  majority  of  the  qualified 
electors  of  such  independent  district,  shall  be  filed  with  the  president 
of  the  board  of  directors  asking  that  an  election  shall  be  called,  stat- 
ing the  purpose  for  which  the  money  is  to  be  used,  and  the  neces- 
sary schoolhouse  or  houses  cannot  be  built  and  furnished  within  the 
limit  of  one  and  one-quarter  per  centum  of  the  valuation.  [30  G.  \., 
ch.  114,  §  2.] 

NOTE:      Qualified  electors.     See  section  2747. 

SEC.  2820-c.  Question  submitted.  The  president  of  the  board  of 
directors  on  the  receipt  of  such  petition  shall  within  ten  (10)  days 
call  a  meeting  of  the  board  who  shall  call  such  election  fixing  the 
time  and  place  thereof,  and  give  four  weeks'  notice  thereof  by  publi- 
cation once  each  week  in  some  newspaper  published  in  the  said  town 
or  city,  or  if  none  be  published  therein  in  the  next  nearest  town  or 
city  in  the  county.  At  such  election  the  ballot  shall  be  prepared  and 
used  in  substantially  the  following  form : 

For  the  issuance  of  bonds  in  the  sum  of  $ for  School  Q] 

House  purposes. 

Against  the  issuance  of  bonds  in  the  sum  of  $ for  School  Q] 

House  purposes.     [31  G.  A.,  ch.  9,  §  29;  30  G.  A.,  ch.  114,  §  3.] 

SEC.  2820-d.  Bonds.  If  two-thirds  or  more  of  all  the  electors 
voting  at  such  election  vote  in  favor  of  the  issuance  of  such  bonds, 
the  board  of  directors  shall  issue  the  same  and  make  provision  for 
the  payment  of  the  same  and  the  interest  thereon  as  provided  in 
section  twenty-eight  hundred  and  twelve  (2812)  and  twenty-eight 
hundred  and  thirteen  (2813)  of  the  code.  [30  G.  A.,  ch.  114,  §  4.] 

SEC.  2813.  Tax  to  pay  bonds  or  money  borrowed.  The  board  of 
each  school  corporation  shall,  at  the  same  time  and  in  the  same  man- 
ner as  provided  with  reference  to  other  taxes,  fix  the  amount  of  tax 
necessary  to  be  levied  to  pay  any  amount  of  principal  or  interest  due  or 
to  become  due  during  the  next  year  on  lawful  bonded  indebtedness, 
which  amount  shall  be  certified  to  the  board  of  supervisors  as  other 
taxes,  and  levied  by  them  on  the  property  therein  as  other  school 
taxes  are  levied,  but  such  tax  shall  not  exceed  five  mills  upon,  the 
dollar  of  the  assessed  valuation  of  such  property  for  money  borrowed 
for  improvements.  [27  G.  A.,  ch.  95;  18  G.  A.,  ch.  51,  §  2;  18  G.  A., 
ch.  132,  §  6;  C.  '73,  §  1823.] 

NOTE:  It  is  the  duty  of  the  board  to  certify  whateyer  amount  is  neces- 
sary to  pay  principal  and  interest  on  bonds.  69  Iowa,  612. 

SCHOOL   SITES. 

SEC.  2814.  Repeal  —  schoolhouse  sites  —  acquisition.  Any  school 
corporation  may  take  and  hold  so  much  real  estate  as  may  be  required 
for  schoolhouse  sites,  for  the  location  or  construction  thereon  of 
schoolhouses,  and  the  convenient  use  thereof,  but  not  to  exceed  one 
acre,  exclusive  of  public  highway,  except  in  a  city,  town,  or  village 
it  may  include  one  block  exclusive  of  the  street  or  highway  as  the 


94  SCHOOL  LAWS  OP  IOWA. 

case  may  be;  or  in  districts  consolidated  under  the  provisions  of 
section  twenty-seven  hundred  and  ninety-nine  (2799)  of  the  code,  or 
chapter  one  hundred  and  forty-one  (141)  of  the  laws  of  the  thirty-first 
general  assembly,  or  in  school  townships  holding  not  more  than  two 
school  sites,  may  consist  of  not  to  exceed  four  acres,  for  any  one  site, 
unless  by  the  owner's  consent,  which  site  must  be  upon  some  public 
road  already  established  or  procured  by  the  board  of  directors  and 
shall,  except  in  cities,  towns,  or  villages,  be  at  least  thirty  rods  from 
the  residence  of  any  owner  who  objects  to  its  being  placed  nearer,  and 
not  in  any  orchard,  garden  or  public  park.  [32  G.  A.,  eh.  153 ;  C.  73, 
§§  1825-6.] 

NOTES:      1.  Purchase.      The   board   should,   if   possible,   purchase   a   site. 

2.  Enlarging.     A  site  of  less  than  one  acre  may  ,be  enlarged  to  an  acre. 

3.  Not  include  road.      The  acre   authorized   to  be  set  apart   may   be   so 
measured  as  not  to  include  any  portion  of  the  highway.     101  Iowa,  556. 

4.  Thirty  rods.     The  objection  of  an  owner  living  within  thirty  rods  on 
the  opposite  side  of  a  site  will  not  prevent  an  addition  to  the  site  on  the  side 
away  from  the  residence,  so  as  to  include  an  entire  acre. 

5.  Appeal.     From  an  order  of  the  board  making  a  location  of  a  site  to  be 
secured  by  condemnation,  an  appeal  will  lie  the  same  as  from  any  other 
order  of  the  board. 

6.  Incumbered    property.      Property    incumbered,    occupied    as    a    home- 
stead, or  belonging  to  minor  heirs,  may  be  taken  under  the  provisions  of 
this  section. 

7.  Condemn.      If  the   district  cannot  establish   its   claim   to   the   school- 
house  site,  owing  to  the  loss  of  the  deed,  or  for  other  reason,  and  the  owner 
refuses  to  sell  or  lease  the  site,  the   district  may  avail   itself  of  the  pro- 
visions of  this  and  the  following  sections  and  secure  a  site  not  to  exceed 
one  acre. 

8.  When  provisions  do  not  apply.     When   purchased,  the   provisions   of 
this  section  do  not  apply.     The  district  stands  in  the  same  relation  to  the 
public   and   to  individuals,   in   this   respect,  as  do   other   corporations,   and 
may  purchase  whatever  amount  of  land  may  be  necessary  for  school  pur- 
poses. 

9.  Location.     All  sites  taken  under  the  provisions  of  these  sections  must 
be  located  on  a  public  road,  and  at  least  thirty  rods  from  the  residence 
of  the  owner  of  -the  site  so  taken  if  he  objects  to  its  being  placed  nearer. 
A  person  not  the  owner  of  the  land  upon  which  the  site  is  located  cannot 
legally  object  if  the  site  is  located  nearer  than  thirty  rods  from  his  resi- 
dence.    In  cities,  incorporated  towns,  or  villages,  this  prohibition  does  not 
apply.     Decisions  86,  School  Laws  1892. 

10.  How  measured.     When  a  site  is  sought  to  be  condemned,  the  dis- 
tance of  thirty  rods  mentioned  in  this  section,  is  measured  from  the  nearest 
part  of  the  residence  to  the  nearest  part  of  the  site,  in  a  straight  line. 

11.  Rebuild.      Boards   may  rebuild  on   sites   without   consent   of   owners 
of  residences  within  thirty  rods. 

12.  Ten  years'  use.     Under  the  Iowa  statute  of  limitations,  ten  years' 
use  of  a  highway  by  the  public,  under  a  claim  of  right,  will  bar  the  owner 
of  the  soil.     19  Iowa,  123. 

13.  Title   by   prescription.      If    the   public,    witih    the    knowledge    of    the 
owner  of  land,  has  claimed  and  continuously  exercised  the  right  of  using 
the   same   for  a  public   highway,   for   a  period   equal   to   that  fixed   by   the 
statute  for  the  limitation  of  real  actions,  a  complete  right  to  the  highway 
thereby    .becomes    established    against    the    owner,    unless    it    appears    that 
such   use   was   by  favor,  leave   or  mistake.      22    Iowa,   457.      Code,   section 
3004. 

14.  When  mortgaged.     In  case  the  land  desired  for  a  school  site  is  under 
mortgage,  the  district  may  receive  from  the  owner  the  lease  of  a  portion 
not  to  exceecj  the  authorized   ampunt,  to  be   held   by  the   district  as  long 


SCHOOL  LAWS  OP  IOWA.  95 

as  used  for  school  purposes,  and  when  no  longer  so  used,  to  revert  to  the 
owner. 

15.  Title.     If  a  district  is  in  continuous  possession  under  claim  of  own- 
ership for  more  than  ten  years,  it  becomes  the  absolute  owner  of  the  fee  title. 
93  Iowa,  45,  and  94  Iowa,  676. 

16.  Include  highway — when.     When  land  is  purchased  for  a  site,  it  will 
include  a  part  of  the  highway  on  which  it  is  situated,  unless  otherwise  stipu- 
lated in  the  deed. 

17.  Four  acres.     In  consolidated  corporations  and  school  townsihips  hold- 
ing not  to  exceed  two  sites,  four  acres  may  be  acquired  for  a  site. 

SEC.  2815.  Condemnation.  If  the  owner  of  the  real  estate  desired 
for  a  schoolhouse  site,  or  a  public  road  thereto,  refuses  or  neglects  to 
convey  the  same,  or  is  unknown  or  cannot  be  found,  the  county 
superintendent  of  the  proper  county,  upon  the  application  of  either 
party  in  interest,  shall  appoint  three  disinterested  referees,  unless  a 
less  number  shall  be  agreed  upon,  who  shall  take  and  subscribe  an 
oath  to  the  effect  that  they  will  faithfully  and  impartially  discharge 
the  duties  laid  upon  them,  due  notice  having  been  given  by  the  super- 
intendent to  the  owner  of  the  time  and  place  of  making  the  assess- 
ments of  damages  as  and  for  the  length  of  time  required  for  the 
commencement  of  actions  in  the  district  court;  such  referees  shall 
inspect  the  grounds  proposed  to  be  taken,  fix  the  damages  sustained 
as  near  as  may  be  on  the  basis  of  the  value  of  the  real  estate  so  ap- 
propriated, and  report  in  writing  to  the  superintendent  their  doings 
and  findings,  which  report  shall  be  filed  and  preserved  in  his  office; 
and  upon  the  amount  found  by  the  referees  being  deposited  with  the 
county  treasurer,  for  the  use  of  the  owner,  possession  may  at  once 
be  taken  and  the  necessary  building  or  buildings  erected  and  occupied. 
From  the  assessment  so  made  either  party  may  appeal  to  the  district 
court  by  giving  notice  thereof  as  in  case  of  taking  private  property 
for  works  of  internal  improvement  within  twenty  days  after  receiving 
notice  of  the  award  made.  If  such  appeal  is  not  taken,  the  assessment 
shall  be  final;  if  taken,  the  board  may  proceed  with  the  construction 
of  improvements,  if  the  deposit  hereinbefore  provided  has  been  or 
shall  be  made.  Upon  such  appeal  the  school  corporation  shall  not 
be  liable  for  costs  unless  the  owner  shall  be  allowed  a  greater  sum 
than  given  by  the  referees ;  all  costs  in  making  the  referees '  assessment 
to  be  paid  by  the  school  corporation.  [C.  73,  §  1827.] 

NOTES:  1.  Service.  If  personal  service  cannot  be  made,  the  notice  must 
be  published  in  a  newspaper.  If  the  owner  of  the  land  lives  in  the  county, 
notice  must  be  served  on  him  at  least  ten  days  before  the  time  set  for  the 
assessment  of  damages.  If  the  owner  or  parties  having  an  interest  therein 
reside  outside  of  the  county  and  in  the  same  judicial  district,  fifteen  days' 
notice  must  be  given.  If  outside  of  the  judicial  district  but  dn  the  state, 
twenty  days'  notice.  If  parties  live  outside  of  the  state,  the  notice  must  be 
published  once  a  week  for  four  consecutive  weeks  in  some  newspaper  pub- 
lished in  the  county.  Code,  sections  3514-3544.  Forms,  40,  41,  42,  43 
and  44. 

2.  Oath  to  referees.     The  oath  to  the  referees  may  not  be  administered 
by  the  county  superintendent  by  reason  of  his  office.      Such  oath   may  be 
administered  by  some  one  empowered  in  a  general  way  to  administer  oaths. 
One   referee   may   administer   the  oath   to   another   referee.      Code,   section 
393.     A  district  may  condemn  a  full  acre  of  land.     101  Iowa,  556. 

3.  Opening  road.     If  the  land  cannot  be  procured  'by  contract,  the  road 
may  be  established  in  the  same  manner  and  by  the  proceedings  provided 


96  SCHOOL   LAWS   OF   IOWA. 

for  the  establishment  of  highways,  and  when  the  damage  has  been  as- 
sessed, the  district  may  pay  the  same.  Sections  1482-1517.  Decisions,  81. 

4.  Lease — approval.     As  a  matter  of  safety,  a  lease  should  'be  executed 
in  duplicate,  one  to  be  held  by  the  secretary  of  the  board,   and  the  other 
by  the  lessor.     The  lease  should  be  approved  by  the  board,  as  in  case  of  a 
contract,  and  should   be  filed   with  the  secretary. 

5.  Notice   of   appraisal.      Sufficient    time    must   be    allowed    between    the 
appointment  of  this  commission  and  the  time  set  for  appraising  the  damages 
to  give  the  owner  legal  notice  thereof.     Code,  sections  3517  and  3540. 

6.  Compensation  of  referees.     The  referees  are   entitled   to   two   dollars 
for  each  day's  service,  and  ten  cents  per  mile  from  their  residence  to  the 
location  of  the  property  appraised.     Code,  sections  354  and  1290. 

7.  Holder  of  tax  certificate.     The  holder  of  a  tax  certificate  on  property 
sought  to  be  condemned  is  an  owner  in  such  sense  that  he  is  entitled   to 
notice.     50  Iowa,  663. 

8.  When   owner   cannot   be   found.      Wlien    the   owner    of   land    taken   is 
unknown,   or  cannot  be  found,   it  is   not  necessary  to   print  the   report   of 
appraisement,   or  to  attempt  other   notice  to   said   owner   than   the   printed 
notice  required  by  this  section.     It  is  sufficient  for  the  county  superintendent 
to  send  a  certified  copy  to  the  board. 

9.  Possession-— deposit.     If  the  board  has  deposited  with  the  county  treas- 
urer the  amount  assessed  by  the  referees  in  accordance  with  this  section, 
we  think  the  courts  would  hold  that  the  district  had  come  into  possession 
of  the  site,  or  would  'be  entitled  to  the  use  of  the  road. 

10.  Money  deposited.      The  money  deposited  with  the   county  treasurer 
should  be  held  for  the  benefits  of  the  owner  of  the  fee,  and  not  for  the 
mortgagee. 

11.  Value  of  receipt.     Since  the  receipt  of  the  treasurer  for  the  money 
deposited  with  him  for  the  owner  of  the  land,  may  be  the  only  evidence  of 
title,   such   a   receipt  should   have  a   full   description   of  the   property,   and 
should  be  recorded  by  the  county  recorder. 

12.  Deed  not  necessary.     No  deed  or  other  instrument  from  the  owner 
is  required  to  authorize  the  district  to  occupy  the  land  for  school  purposes. 
The  proceedings  should  be  recorded  in  full  by  the  district  secretary. 

13.  Should  be  recorded.      All   deeds   for   school   property   should   be   re- 
corded  with   the  county  recorder,   and   the  proceedings   relating  to   the  ac- 
quisition of  such  property  should  be  recorded   in   full   by  the  district  sec- 
retary. 

14.  Abandonment — condemnations-damages  on  appeal.      A  district  may 
abandon  the  improvement  and  decline  to   pay  the  amount  assessed.      113 
Iowa,  486. 

15.  Application   to   supervisors.      When   land   sought   to   be   taken    for   a 
road  has  been  legally  condemned,  and  the  amount  found   by  the  referees 
has  been  deposited  with  the  county  treasurer,  application  sihould  be  made 
by  the  board  to  the  board  of  supervisors  for  the  establishment  of  the  road 
under  sections  1482-1517. 

16.  Petition  by  electors.      Petition  to   the  board  of  supervisors  may  be 
made  by  the  electors  as  individuals.     110  Iowa,  707. 

,  17.  School  property  not  exempt.  The  property  of  school  districts  in 
cities  and  towns  is  not  exempt  from  special  taxation,  for  improvement  of 
streets  and  laying  of  sidewalks.  55  Iowa,  150. 

18.  Road — how  established.     A  road  to  the  schoolhouse  may  be  estab- 
lished in  the  same  manner  and  by  the  proceedings  provided  for  the  estab- 
lishment of  highways  in  general,  and  when  the  damages  have  been  assessed, 
the  district  may  pay  the  same.     Sections  1482-1517. 

19.  Expense  intended.     The  expense  that  is  intended   shall   be  paid  by 
the  district  is  not  more  than  that  of  surveying,  locating  and  establishing 
the  highway.     The  building  of  bridges  and  the  repair  of  the  road  with  the 
funds  of  the  district  would  not  be  warranted  by  the  law. 

20.  Under  control  of.     After  a  highway  has  become  legally  established 
it  is   wholly   and   entirely   under   the   control   of   the   board   of   supervisors. 
Code,  section  1482. 


SCHOOL  LAWS   OP  IOWA.  97 

21.  Private  way — permissive  use.     The  use  by  a  non-owner  of  a  private 
road  is  permissive  and  does  not  vest  in  him  prescriptive  rights  in  the  same. 
123   Iowa,   620. 

22.  Condemnation — appeal — notice.     It  is  proper  to  serve  notice  of  appeal 
on  the  county  superintendent  before  whom  condemnatory  proceedings  were 
commenced.     113  Iowa,  486. 

SEC.  2816.  Reversion.  In  the  case  of  non-user  for  school  purposes 
for  two  years  continuously  of  any  real  estate  acquired  for  a  school- 
house  site  it  shall  revert,  with  improvements  thereon,  to  the  owner 
of  the  tract  from  which  it  was  taken,  upon  repayment  of  the  pur- 
chase price  without  interest,  together  with  the  value  of  the  improve- 
ments, to  be  determined  by  arbitration,  but  during  its  use  the  owner 
of  the  right  of  reversion  shall  have  no  interest  in  or  control  over  the 
premises.  [C.  73,  §  1828.] 

NOTES:  1.  Reversionary  clause.  In  case  of  the  donation  of  a  school- 
house  site,  the  following  reversionary  clause  may  be  appended  to  the  deed: 
''Provided,  that  if,  for  the  space  of  two  consecutive  years  said  premises  shall 
cease  to  be  used  for  school  purposes,  the  same  shall  revert  to  the  original 
donor,  his  heirs  or  assigns,  without  legal  hindrance  or  expense." 

2.  Receipt  should  describe  site.     Since  the  receipt  of  the  treasurer  for 
the  money  deposited  with  him,  for  the  owner  of  the  land,  may  be  the  only 
evidence  of  title,  such  receipt  should  have  a  full  description  of  the  property, 
and  contain  this  proviso  in  addition  to  note  1  above:    "Upon  the  repayment 
of   the    principal    amount   paid    by   the    district,    without    interest,    together 
with  the  value  of  any  improvements  thereon  made  by  the  district,"  and  the 
receipt  should  be  recorded  by  the  county  recorder. 

3.  When  not  non-user.     When   consent  of  county  superintendent  is   se- 
cured to  the  closing  of  a  school,  the  corporation  may  not  be  considered  a 
non-user.     See  sections  2773,  2774. 

SEC.  2817.  Use  of  barbed  wire.  Barbed  wire  shall  not  be  used  to 
enclose  any  school  buildings  or  grounds,  nor  for  any  fence  or  other 
purpose  within  ten  feet  of  any  such  grounds.  Any  person  violating 
the  provisions  of  this  section  shall  be  punished  by  fine  not  exceeding 
twenty-five  dollars.  [20  G.  A.,  ch.  103.] 

NOTE:      See  also  sections  2773,  2745-a.and  2745-b. 

APPEAL. 

SEC.  2818.  Appeal  to  county  superintendent.  Any  person  aggrieved 
by  any  decision  or  order  of  the  board  of  directors  of  any  school  cor- 
poration in  a  matter  of  law  or  fact  may  within  thirty  days  after  the 
rendition  of  such  decision  or  the  making  of  such  order,  appeal  there- 
from to  the  county  superintendent  of  the  proper  county;  the  basis  of 
the  proceedings  shall  be  an  affidavit  filed  with  the  county  superintend- 
ent by  the  party  aggrieved  within  the  time  for  taking  the  appeal, 
which  affidavit  shall  set  forth  any  error  complained  of  in  a  plain  and 
concise  manner.  [C.  73,  §§  1829-31;  R.,  §§  2133-5.] 

NOTES:  1.  Matters  not  appealable.  There  are  many  matters  that  may 
not  .properly  be  brought  before  the  county  superintendent  on  appeal.  From 
time  to  time  questions  are  likely  to  arise  upon  which  the  board  sihould  be 
governed  by  its  best  judgment,  or  by  competent  legal  advice. 

2.  Official  opinions — jurisdiction.  School  officers  should  not  express  an 
official  opinion  upon  matters  entirely  outside  of  their  jurisdiction.  Upon 

7 


98  SCHOOL  LAWS  OF  IOWA. 

these  subjects  it  is  therefore  useless  to  expect  county  superintendents,  or  this 
department,  to  give  any  other  than  general  information,  such  as  is  pre- 
sumably already  within  the  knowledge  of  those  applying. 

3.  Affidavit  of  appeal — effect  of.     The  filing  of  an  affidavit  of  appeal  has 
the  effect  of  arresting  all  action  by  the  board  in  relation  to  the  matter  ap- 
pealed from  until  the  appeal  is  disposed  of. 

4.  Statu  quo.     During  the  pendency  of  an  appeal  all  matters  must  remain 
in   statu   quo,   and  this   can   be   enforced   by   writ  of  injunction.     No  opinion 
relating  to  matters  involved  in  an  appeal  will  be  given  by  this  department. 

5.  Affidavit.     An  affidavit  is  a  written  declaration  sworn  to  before  some 
officer  authorized  to  administer  oaths.     Code,  section  4673. 

6.  Jurisdiction — affidavit.      A   county  superintendent  can   have   no   juris- 
diction of  an  appeal  case  until  the  affidavit  has  been  filed.     Decisions,  5. 

7.  Affidavit  necessary.     A  notice  of  intention  to  file  an  affidavit,  a  verbal 
complaint,  or  a  petition,  is  not  sufficient  to  give  the  county  superintendent 
jurisdiction  in  appeal  cases.     Form  45. 

8.  Affidavit— contents.     The  affidavit  should  contain  a  statement  (5f  the 
decision  complained  of  and  its  date,  a  statement  of  facts  showing  that  the 
appellant  has  an  interest  in  the  decision  and  is  injuriously  affected  by  it, 
and  the  assignment  of  errors.     Form  45. 

9.  Affidavit  must  be  clear.     An  affidavit  of  appeal,  to  be  of  any  value, 
must  he  sufficiently  clear  to  enable  the  county  superintendent  to  call  upon 
the  secretary  for  a  complete  transcript  of  an  action  that  must  'be  described 
so  as  to  be  identified. 

10.  Title  of  case.     This  affidavit  being  the  first  paper  filed,  care  should 
be  taken  that  the  case  is  properly  entitled,  and   this  title  should  be  pre- 
served throughout  the  further  progress  of  the  appeal.     The  date  of  filing 
should  be  indorsed  upon   the  affidavit  by  the  superintendent. 

11.  Notice  of  filing— effect.     When  a  board  receives  official  notice  that 
an  affidavit  of  appeal  from  its  order  has  been  filed,  all  action  by  the  board 
in  relation  to  the  matter  appealed  from  will  be  suspended  until  the  decision 
in  appeal  has  been  given. 

12.  Bight  of  appeal.     The  right  of  appeal  is  limited  to  persons  aggrieved 
or  injuriously  affected  by  the  decision  or  order  complained  of.     Decisions, 
21,  33. 

13.  When  barred.     If  a  person  aggrieved  by  a  decision  or  order  of  the 
board  fails  to  protect  his  rights  by  taking  an  appeal  within  the  thirty  days 
prescribed,  he  is  barred  by  the  statute  from  the  remedy  of  appeal. 

14.  Computing  time.     In  computing  time  the  first  day  shall  be  excluded 
and  the  last  included,  unless  the  last  falls  on  Sunday,  in  which  case  the 
time  prescribed  shall  be  extended  so  as  to  include  the  whole  of  the  follow- 
ing Monday.     Code,  section  48,  subsection  23. 

15.  Discretionary  act — weight  of.     When  the  act  complained  of  is  of  a 
discretionary  character,  the  action  of  the  board  should  be  sustained,  unless 
it  is  clearly  shown  that  the  board  violated  law,  abused  its  discretion,  or 
acted  with  manifest  injustice.     Decisions,   44,  57,   61,  66. 

16.  Choice  of  remedies.     In  certain  cases  an  aggrieved  party  has  a  choice 
of  legal  remedies.     56  Iowa,  476. 

17.  Mandamus.     As  an  appeal  often  consumes  valuable  time,  mandamus 
is  sometimes  a  more  speedy  as  well  as  a  better  remedy,  to  compel  the  per- 
formance of  an  official  duty.     Decisions,  13,  39. 

18.  Mandatory — Mandamus.     Where  the  law  is  mandatory  in  requiring 
the  board  to  act  upon  a  petition,  the  remedy  for  its  refusal  is  mandamus 
and   not   appeal.      86   Iowa,   669. 

19.  Violation  of  mandatory  law — mandamus.     When  a  board  violates  a 
mandatory  requirement,  application   by  an  interested   party  to  a  court  for 
a  writ  to  compel  the  board  to  act  as  directed  by  the  statute  is  the  more 
speedy  and  preferable  remedy.     44  Iowa,  432;   50  Iowa,  ^48,  and  71  Iowa, 
632.      Decisions,  39. 

20.  Certiorari.      A   writ   of   certiorari   is   never   used   to   correct  a   mere 
error,  but  only  to  test  the  jurisdiction  of  the  tribunal  and  the  legality  of 
its  actiton.     118  Iowa,  519;   55  Iowa,  215. 


SCHOOL  LAWS   OF  IOWA.  99 

22.  Action  of  board  defined.     By  an  action  of  the  board  is  meant  a  vote 
taken  by  it  and  made  of  record  at  a  meeting  legally  constituted.     The  board 
may  at  any  time  correct  mistakes  in  its  record,  or  supply  omissions. 

23.  When  no  appeal.     Appeal  cannot  be  taken  where  the  board  simply 
refuses  or  neglects  to  act.     71  Iowa,  632. 

21.  When  appeal  will  lie.  That  an  appeal  may  lie  there  must  be  an 
order  or  action  by  the  board.  To  compel  an  action,  appeal  is  not  the  remedy, 
but  application  to  a  court  of  law.  Decisions,  93. 

24.  Remedy  in  case  of  neglect.     In  case  of  wilful  neglect  or  intentional 
failure   to  take  action  as  intended  by  the  law,   the  remedy  for  any  party 
aggrieved  is  application  to  a  court  for  a  writ  to  require  the  board  to  consider 
and  act  upon  the  important  matter  brought  to  its  attention.     And  its  order 
when  made  of  record  will  then  be  subject  to  be  made  the  basis  of  an  appeal. 

25.  Complete  record.     If  desirable  to  clear  the  record,  or  to  make  a  mat- 
ter plain  beyond  question,  sometimes  the  board  may  re-enact  all  its  former 
transactions  with  regard  to  the  matter  involved.     If  it  is  supposed  that  the 
board  took  an  action  which  purposely  was  not  made  a  matter  of  record, 
it  may  be  compelled  by  an  order  of  court  to  complete  its  record. 

26.  Initiatory  step— no  appeal.     No  appeal  may  be  taken  from  the  action 
of  the  board  taking  the  initiatory  step,  while  it  requires  the  concurrence 
of  another  board  to   complete  the   action.     The  concurrence  or  refusal   of 
the  second  board  is  the  order  from  which  an  appeal  may  be  taken.     Note 
13   to  section   2802. 

27.  To  lay  on  table.     An   appeal  may  be  taken   from  an   action   of  the 
board  to  lay  a  petition  on  the  table.     Decisions,  101. 

28.  Jurisdiction  de  novo.     In  an  appeal  to  the  county  and  state  super- 
intendent of  public  instruction,  from  the  action  of  the  board  fixing  bound- 
aries, fthe   superintendents   have   jurisdiction   de   novo,   and   can   enter   any 
order  that  the  board  could  have  made  in  the  matter.     110  Iowa,  652;    95 
Iowa,   300;    69   Iowa,  161.     For  contrary  opinion  see  Jos.  Doubet  vs.   Ind. 
Dist.'Clearfield,  111  N.  W.,  326. 

29.  Discharge — effect  of  appeal.     An  appeal  to  the  county  superintendent 
settles   conclusively   the   wrongfulness    of   the   teacher's    discharge,    though 
such  appeal  was  determined  on  the  ground  that  plaintiff  had  not  been  given 
a  hearing  before  the  board  of  directors,  and  not  on  the  merits  of  the  case. 
110  Iowa,  313. 

30.  Burden  of  proof.     In  a  trial  before  the  county  superintendent  on  an 
appeal  from  an  action  of  the  board  discharging  a  teacher,  the  burden  of 
proof  is  on  the  board.     Decisions,  116. 

31.  Review  of  actions  of  boards.     While  the  review  of  the  action  of  a 
school  board  with  reference  to  a  matter  within  its  jurisdiction  is  by  appeal 
to  the  county  superintendent,  yet  the  question  of  whether  the  board  had 
power  to  make  a  certain  rule  for  the  government  of  the  schools,   can   be 
reviewed  .by  the  court  in  a  mandamus  proceeding.     129  Iowa,  441. 

32.  Discretionary  acts — appeal.     When  a  county  superintendent  is  exer- 
cising a   discretionary  act  the   courts   will   not  interfere   and   any  abuse  of 
discretion  must  be  remedied  on  appeal.     110  Iowa,  30.     See  also  93  Iowa, 
269.      107   Iowa,  29,  differs. 

33.  Notice  of  appeal— on  whom  served.     Notice  served  on  the  president 
of  the  board  is  held  to  be  sufficient.     113  Iowa,  486. 

34.  Expediency — review    of.      A    question    of   expediency   cannot    be    re- 
viewed by  certiorari.     61  Iowa,  334. 

35.  Appeal — when   necessary.      Before   an    action   for    damages   may   be 
maintained,  the  wrongfullness  of  the  discharge  must  be  determined  by  appeal. 
Section   2782,   53   Iowa,   585.      See  note   29.      But  the  remedy  of  one   dis- 
charged on  the  ground  of  illegality  of  contract  is  by  an  action  in  court.     107 
Iowa,   29. 

SEC.  2819.  Hearing  and  decision.  The  county  superintendent 
shall,  within  five  days  after  the  filing  of  such  affidavit  in  his  office, 
notify  the  secretary  of  the  proper  school  corporation  in  writing  of 
the  taking  of  such  appeal;  the  latter  shall,  within  ten  days  after 
being  thus  notified,  file  in  the  office  of  the  county  superintendent  a 


100  SCHOOL  LAWS  OF  IOWA. 

•complete  transcript  of  the  record  and  proceedings  relating  to  the  de- 
cision complained  of,  which  transcript  shall  be  certified  to  be  correct 
by  the  secretary;  after  the  filing  of  the  transcript  aforesaid  the 
county  superintendent  shall  notify  in  writing  all  persons  adversely 
interested  of  the  time  and  place  where  the  matter  of  the  appeal  will 
be  heard  by  him.  At  the  time  fixed  for  the  hearing  he  shall  hear 
testimony  for  either  party,  and  he  shall  make  such  decision  as  may  be 
just  and  equitable,  which  shall  be  final  unless  appealed  from  as  here- 
inafter provided.  [C.  '73,  §§  1832-4;  R.,  §§  2136-8.] 

NOTES:  1.  Notice  of  appeal.  The  notice  should  describe  the  decision  or 
order  appealed  from,  so  that  it  may  be  identified,  and  sihould  require  the 
district  secretary  to  file  the  transcript  with  the  superintendent  within  the 
time  specified.  The  notice  may  be  served  personally  or  sent  by  mail. 
Form  46. 

2.  Secretary's  transcript.     The  secretary  shall  make  and  forward  a  tran- 
script  or   copy   of   the   record   of   all   actions   of  the   board   relating   to   the 
decision  or  order  appealed  from;   also  of  all  petitions,  remonstrances,  plats, 
and   other   papers    pertaining   thereto.      The   original    papers    mus-t   be    pre- 
served with  the  district  records.     Form  47. 

3.  Basis  of  appeal.     The  basis  of  an  appeal  is  the  recorded  action  of  the 
board.      If  the  secretary  certifies  that  there  is  no  record   of  an   action  by 
the  board  in  any  such  matter  as  is  described  in  the  notice  for  a  transcript, 
then  it  will   be  impossible  to  carry  forward  the   appeal.     Notes   22   to   24, 
section   2818.  * 

4.  Effect  of  delay  in  filing  transcript.      A   failure   to   file   the   transcript 
will  not  affect  the  proceedings  in  any  other  way  than  to  cause  delay.     The 
secretary  will  take  the  risk  of  censure  by  a  court  for  failure  to  attend  to 
his  official  duty.     Decisions,  34,  Laws  of  1897. 

5.  Date  of  hearing.     The  time  to  elapse  between  the  filing  of  the  tran- 
script and  the  hearing  of  the  appeal  is  not  fixed  by  the  statute.     This  is  left 
to  the  county  superintendent  to  determine. 

6.  Notice  of  hearing.     Notice  of  the  time  and   place  of  hearing  should 
be  given  to  the  appellant,  to  the  secretary  of  the  board,  and  to  any  other 
persons  known  to  be  directly  interested.     The  notices  may  be  served  per- 
sonally or  sent  by  mail.     Form  48. 

7.  Notice — to  whom  sent.     The  appellant,  the  president,  the  secretary  of 
the  board,  and  other  parties  known  to  be  directly  interested,  should  receive 
a  copy  of  this  notice. 

8.  Date  of  filing — indorsement.     The  date   of  filing  every  paper  should 
be  indorsed  thereon;   also  in  the  case  of  motions,  orders  and  rulings  of  the 
county  superintendent.     All  oral  motions  and  an  abstract  of  the  testimony 
should  be  reduced  to  writing  at  the  time  of  trial. 

9.  Docket.      The   docket  or   minutes   of  the   superintendent  should   com- 
mence by  noting  the  filing  of  the  affidavit.     He  will  afterward,  as  the  acts 
transpire,  record  the  sending  of  the  notice  of  appeal  to  the  district  secre- 
tary,   the    filing    of    the    transcript,    the    sending    of    notices    of    the    hear- 
ing,   and    any    adjournment    of    the    case    that    may    be    granted.     At    the 
trial  he  will  carefully  note  down   the  names  of  all  parties  appearing,  and 
their  postoffice  address,  and  whether  they  appear  for  or  against  the  appeal; 
also,  the  filing  of  all  papers  and  names  of  witnesses,  and  in  whose  behalf 
such  papers  or  witnesses  are  introduced.     The  decision  of  the  superintendent 
will  form  an  appropriate  close  of  his  minutes. 

10.  Under  oath.     All  evidence  must  be  given  under  oath,  and  the  sub- 
stance reduced  to  writing  at  the  time  by  the  county  superintendent.     It  is 
recommended  that  a  summary  of  what  each  witness  testifies  be  made,  read 
to  the  witness,  and  signed  by  him.     It  is  of  the  first  importance  that  the 
record  of  the  testimony  be  full  and  accurate,  as  the  decision  of  the  county 
superintendent,    also    of   the    superintendent    of    public    instruction,   in   case 
the  appeal  is  carried  up,  must  be  based  upon  the  record  of  evidence  intro- 
duced.   This  testimony  should  be  preserved  with  the  other  papers  of  the  case, 


SCHOOL  LAWS'  OF  7OWA.  101 

11.  Introduction  of  evidence.     While  the  county  superintendent  will  not 
be  prevented   from   entertaining   and  considering  testimony   not  before   the 
board,   the  general   rule  and  practice  should   be   to   attempt  to   confine  the 
hearing  as  far  as  practicable  to  the  matters  considered  by  the  board   and 
to  the  facts,  statements,  and  testimony,  that  were  within  the  possession  of 
the  board  at  the  time  the  action  complained  of,  which  is  being   reviewed 
by  the  county  superintendent,  was  taken. 

12.  Preserving  order.     In  case  of  disturbance  or  interruption  during  the 
trial  of  an  appeal  before  a  county  superintendent,  as  he  is  not  invested  with 
complete    judicial    power,   he   has    only   the   ordinary   remedy   of   complaint 
to  the  proper  authorities.     Code,  section   5033. 

13.  Call  witness.     Tihe  county  superintendent  may  upon  his  own  motion 
call  any  witness  to  the  stand  and  have  his  testimony  taken. 

14.  Technicalities.      While   mere   technicalities   should   not  toe   permitted 
to  prevent  the  attainment  of  justice,  it  is  proper  that  as  to  evidence  and 
practice  the  superintendent  should  be  governed  by  many  of  the  rules  which 
ordinarily  obtain  in  courts. 

15.  Question  to  be  determined.     The  leading  question  to  be  determined 
by  the  county  superintendent  is  wihether  in  making  the  decision  or  order 
complained  of,  the  board  committed  error  to  such  an  extent  as  to  require 
a  reversal. 

16.  Discretionary  acts — weight  of.     Acts  of  a  board  purely  discretionary 
in  their  nature  should  be  given  great  weight.     To  warrant  a  reversal,  posi- 
tive error  must  be  found,  and  such  error  must  appear  clearly  in  the  testi- 
mony. 

17.  Remanding.    When  an  appellate  tribunal  is  unable  to  decide  an  appeal 
because  the  testimony  is  insufficient  or  the  transcript  of  the  action  of  the 
board  is  incomplete,  and  the  facts  are  not  sufficiently  shown  to  determine 
what  should   be  done,   the  case  may  be  remanded   for  a  new  trial,   or  for 
further  action  by  the  board. 

18.  Report  of  decision.     To  those  interested  in  the  issue  of  an  appeal 
the  county  superintendent  should  send  a  statement  of  the  result;   that  is, 
whether  the  order  of  the  board  was  affirmed  or  reversed. 

19.  Stenographer— evidence.     The  expense  of  a  stenographer  should  not 
be   incurred   unless   the  parties  to   the   case   provide   for   defraying  it.      An 
abstract  of  the  testimony  of  each  witness  should  be  made  and  should  be 
signed  by  him  before  he  is  excused.     See  note  3,  section  2821. 

20.  Decision — jurisdiction.      Section  2818,  notes   27  to  34. 

SEC.  2820.    Appeal  to  state  superintendent — no  money  judgment. 

An  appeal  may  be  taken  from  the  decision  of  the  county  superintendent 
to  the  superintendent  of  public  instruction  in  the  same  manner  as  pro- 
vided in  this  chapter  for  taking  appeals  from  the  board  of  a  school  cor- 
poration to  the  county  superintendent,  as  nearly  as  applicable,  except 
that  thirty  days'  notice  of  the  appeal  shall  be  given  by  the  appellant  to 
the  county  superintendent,  and  also  to  the  adverse  party.  The  de- 
cision when  made  shall  be  final.  Nothing  in  this  chapter  shall  be 
so  construed  as  to  authorize  either  the  county  or  state  superintendent 
to  render  judgment  for  money;  neither  shall  they  be  allowed  any 
other  compensation  than  is  now  allowed  by  law.  All  necessary  postage 
must  first  be  paid  by  the  party  aggrieved.  [C.  '73,  §§  1835-6;  R  §§ 
2139-40.] 

NOTES:  1.  Appeals — manner  of  conducting.  Appeals  to  the  superin- 
tendent of  public  instruction  are  conducted  in  the  same  manner  and  gov- 
erned by  the  same  rules,  so  far  as  applicable,  as  appeals  to  county  super- 
intendents. The  basis  of  appeal  must  be  an  affidavit  filed  in  the  office  of  the 
superintendent  of  public  instruction,  within  thirty  days  from  the  date  of 
the  decision  appealed  from. 


102  SCHOOL   LAWS   OF   IOWA. 

2.  Notice  to  county  superintendent.     Upon  the  filing  of  an  affidavit  the 

superintendent  of  public  instruction  will  notify  the  county  superintendent 
to  forward  a  transcript  of  the  papers  in  the  case  within  thirty  days.  The 
original  papers  must  be  preserved  on  file  in  the  county  superintendent's 
office. 

3.  County  superintendent's  transcript.     When  an  appeal  is  taken  to  the 
superintendent  of  public  instruction,  the  county  superintendent  must  have 
a  copy  of  the  testimony  and  of  his  docket  prepared.     It  is  very  desirable 
that  this  transcript  should  be  in  typewritten  work. 

4.  What   included.      The    transcript    of   the    county    superintendent    will 
consist  of  a  literal  copy  of  every  paper  filed  and  all  indorsements  thereon, 
together  with  a  copy  of  all  testimony  given,  the  whole  arranged  in  chrono- 
logical order,  closing  with  the  decision  of  the  county  superintendent  in  full, 
with  the  certificate  annexed.     Form  49. 

5.  Transcript — a  copy.     The  transcript  in  an  appeal   is   supposed   to  be 
an  exact  copy  of  the  papers  and  testimony  in  the  case,  preserved  on  file  in 
the  office  of  the  county  superintendent.     Any  one  interested  may  claim  the 
privilege  of  examining  the  original  records  in  the  case,  at  any  proper  time. 

6.  Expense  of  stenographer.     It  is  obvious  that  the  county  superintendent 
himself  should  not  be  expected  to  pay  for  having  a  typewritten  transcript 
of  the  record  made  in  an  appeal  to  the  superintendent  of  public  instruction. 
Expenses  of  this  character,  closely  connected  by  law  with  the  work  of  the 
county  superintendent's  office,   should   be  paid  for  by  the  board   of  super- 
visors  in   the    same   manner   that  assistance   is    furnished   to   other    county 
officers  when  needed. 

7.  Notice.     The  law  requires  that  the  appellant  shall  give  thirty  days' 
notice  to  the  county  superintendent,  and  also  to  the  adverse  party,  of  the 
taking  of  the  appeal.     This  notice  should  be  served  as  soon  as  the  affidavit 
of  appeal  has  been  filed  and  proof  of  such  service  should  be  filed  with  the 
affidavit.      The  time   for   final   hearing   of  the   appeal   will   be  fixed   by   the 
superintendent  of  public  instruction,  and  may  be  at  any  time  after  thirty 
days  from  the  filing  of  the  affidavit. 

8.  Appearance.      At  the  hearing,   parties  interested   may  appear   person- 
ally or  by  attorney,  and  argue  their  cases  orally  if  they  desire,  or  they  may 
send  arguments  in  writing  or  if  possible,  in  typewriting. 

9.  Sourre  of  data.     The  record  of  the  case  in  the  office  of  the  county 
superintendent,  which  is  a  public  record  and  open  to  examination  by  parties 
interested,  will  furnish  all  needed  data,  where  access  to  transcript  sent  up 
is  inconvenient. 

10.  Original  evidence.     The  superintendent  of  public  instruction  will  not 
hear  original   testimony  in   cases   submitted   to   him.      Decisions,    50,   Laws 
of   1897. 

11.  Revocation  of  certificate — appeal.     Any  person  aggrieved  by  the  action 
of  a  county  superintendent  revoking  a  certificate  may.  appeal  to  the  super- 
intendent  of  public   instruction,   provided   such   appeal   is   taken   within   ten 
days  from  the  mailing  of  the  notice  of  revocation.     Section  2734-u. 

12.  Decision — enforcement.      A  person  in  whose   favor  an  appeal  is  de- 
cided has  the  remedy  of  a  writ  of  mandamus  from  a  court  of  law  to  enforce 
the  decision  of  appeal.       69  Iowa,  533,  and  72  Iowa,  379. 

13.  Decision  final.     A  decision  in  appeal  by  a  county  superintendent  or 
the  superintendent  of  public  instruction  is  final  in  the  sense  that  no  court 
will  attempt  to  review  or  set  aside  such  a  decision  if  the  matters  included  are 
clearly  within  the  jurisdiction  of  such  school  officers.      69   Iowa,   533,  and 
110  Iowa,  652. 

14.  When  board  may  take  different  action.     An  appeal  decision  does  not 
always  prevent  the  board  from  acting  anew  upon  the  matters  involved  in 
the  appeal.     If  the  order  of  a  board  is  affirmed  the  board  will  be  left  free 
to  take  any  action  thought  best  by  it;  that  is,  it  will  have  the  same  freedom 
to  act  that  it  would  have  if  no  appeal  had  been  taken. 

15.  Mandamus.     Until  the  board  has  taken  a  different  action  no  doubt 
mandamus  will  be  a  remedy  to  compel  the  board  to  carry  into  effect  the 
appeal   decision  and   the   former   action   of   the   board. 

16.  Remanding.     If  it  is  shown   conclusively  that  a  transcript  is  mate- 
rially  defective,   that  valuable   testimony   heard   upon  the   trial   before   the 


SCHOOL  LAWS  OF  IOWA.  103 

county  superintendent  is  not  included  in  the  transcript,  or  that  testimony 
which  sihould  not  have  been  omitted  was  excluded,  an  appeal  case  may  be 
remanded  to  the  county  superintendent  for  another  trial. 

17.  Reversing  a  reversal—effect.     When  the  decision  of  the  county  su- 
perintendent on   appeal,   reversing  the  order   of  the   board,   is   reversed    by 
the  superintendent  of  public  instruction  on  the  appeal  to  him,   the  effect 
of  the  last  decision,   which   is   final,   is  to   affirm   the   original   order   made 
by  the  board,  and  the  result  of  this  is  to  leave  the  matter  as  entirely  in  the 
hands  of  the  board  as  though  no  appeal  had  ever  been  taken  from  its  action. 
Decisions,  57. 

18.  Affirming  a  reversal— effect.    .  But  if  the  county  superintendent  re- 
verses an  order  of  the  board  and  the  superintendent  of  public  instruction 
affirms  the  decision  of  the  county  superintendent,  such  decision  will  prevent 
the  board  from  taking  any  action  in  the  matter  until  some  material  change 
occurs,  rendering  such  a  new  action  necessary.     Decisions,  40,  74. 

19.  Postage.     Payment  for  postage  in  advance  will  be  required  with  the 
affidavit.     It  is  impossible  to  tell  what  amount  of  postage  will  be  needed 
in  each  case,  and  one  dollar  will  be  required  to  cover  all  needed  postage. 
If  the  dollar  does  not  accompany  the  affidavit,  the  filing  will   be   delayed 
until   the  amount   is   received. 

20.  Material  change  of  conditions — different  action.     A  material  change 
of  conditions  in  a  corporation  may  warrant  a  board  of  directors  in  taking 
action  different  from  that  ordered    by    the  county  superintendent  or  superin- 
tendent of  public  instruction  on  appeal.     Doubet  v.  Board  of  Directors,  111 
N.  W.,  326.     See  also  70  Iowa,  338.     Decisions  44. 

21.  Witnesses — fees.     Section  2821  below. 

SEC.  2820-a  to  2820-d.  Indebtedness  authorized — bonds.  Following 
section  2812-f  and  1306-b.  See  page  92. 

SEC.  2820-e  to  2820-h.  Consolidation  in  cities  of  fifty  thousand  or 
more.  Following  section  2794-a.  See  page  76. 

SEC.  2821.  Witnesses — fees.  The  county  superintendent  in  all 
matters  triable  before  him  shall  have  power  to  issue  subpoenas  for 
witnesses,  which  may  be  served  by  any  peace  officer,  compel  the  at- 
tendance of  those  thus  served,  and  the  giving  of  evidence  by  them, 
in  the  same  manner  and  to  the  same  extent  as  the  district  court 
may  do,  and  such  witnesses  and  officers  may  be  allowed  the  same 
compensation  as  is  paid  for  like  attendance  or  service  in  such  court, 
which  shall  be  paid  out  of  the  contingent  fund  of  the  proper  school 
corporation,  upon  the  certificate  of  the  superintendent  to  and  warrant 
of  the  secretary  upon  the  treasurer;  but  if  the  superintendent  is  of 
the  opinion  that  the  proceedings  were  instituted  without  reasonable 
cause  therefor,  or  if,  in  case  of  an  appeal,  it  shall  not  be  sustained, 
he  shall  enter  such  findings  in  the  record,  and  tax  all  costs  to  the 
party  responsible  therefor.  A  transcript  thereof  shall  be  filed  in  the 
office  of  the  clerk  of  the  district  court  and  a  judgment  entered  there- 
on by  him,  which  shall  be  collected  as  other  judgments. 

NOTES:  1.  Costs — includes  what.  The  term  costs  includes  only  witness 
fees  and  fees  to  officers  for  the  service  of  subpoenas.  Fees  cannot  be 
allowed  to  any  witness  unless  such  witness  is  subpoenaed  by  the  county 
superintendent.  Decisions,  109. 

2.  Filing  transcript.     When  an  appeal  is  taken  from  the  decision  of  the 
county  superintendent   that   officer   should    not   file   his   transcript   of   costs 
with  the  clerk  of  courts  until  the  case  is  finally  determined  by  this  depart- 
ment.    Bond  for  costs  cannot  be  required.     Decisions,  98. 

3.  Stenographer— expense   of.      The   expenses   of   a   stenographer   cannot 
be  taxed  as  a  part  of  the  costs.     There  is  no  authority  in  law  to  employ  a 


104  SCHOOL   LAWS   OF   IOWA. 

stenographer  and  tax  the  expenses  of  such  stenographer  as  costs  in  an  appeal 
case.     Opinion  of  attorney-general,  1899. 

4.  Rehearing — costs.  Section  2821  does  not  provide  for  the  payment  of 
costs  or  expenses  in  case  of  a  rehearing  on  the  question  of  issuing  a  certifi- 
cate. 

SEC.  2822.  Penalties.  Any  school  officer  wilfully  violating  any 
provision  of  this  chapter,  or  wilfully  failing  or  refusing  to  perform 
any  duty  imposed  by  law,  shall  forfeit  and  pay  into  the  treasury  of 
the  particular  school  corporation  in  which  the  violation  occurs  the 
sum  of  twenty-five  dollars,  action  to  recover  which  shall  be  brought 
in  the  name  of  the  proper  school  corporation,  and  be  applied  to  the 
use  of  the  schools  therein.  [C.  '73,  §§  1746,  1786;  R,  §§  2047,  2081; 
C.  '51,  §  1137.] 

SEC.  2823.  Provisions  apply  to  all  corporations — issuance  of  bonds. 
The  provisions  of  this  chapter  shall  apply  alike  to  all  districts,  except 
when  otherwise  clearly  stated,  and  the  power  given  to  one  form  of  cor- 
poration, or  to  a  board  in  one  known  corporation,  shall  be  exercised  by 
the  other  in  the  same  manner,  as  nearly  as  practicable.  But  school 
boards  shall  not  incur  original  indebtedness  by  the  issuance  of  bonds 
until  authorized  by  the  voters  of  the  school  corporation. 

NOTE:  What  included.  The  chapter  referred  to  in  this  section  includes 
everything  contained  in  the  school  laws  from  section  2743  to  section  2823-4 
inclusive. 

COMPULSORY  ATTENDANCE. 

SEC.  2823-a.  Duties  of  parents  or  guardians — penalty.  Any  person 
having  control  of  any  child  of  the  age  of  seven  (7)  to  fourteen  (14) 
years  inclusive,  in  proper  physical  and  mental  condition  to  attend  school, 
shall  cause  such  child  to  attend  some  public,  private,  or  parochial  school, 
where  the  common  school  branches  of  reading,  writing,  spelling,  arith- 
metic, grammar,  geography,  physiology,  and  United  States  history  are 
taught,  or  to  attend  upon  equivalent  instruction  by  a  competent  teacher 
elsewhere  than  school,  for  at  least  sixteen  (16)  consecutive  school  weeks 
in  each  school  year,  commencing  with  the  first  week  of  school  after  the 
first  day  of  September,  unless  the  board  of  school  directors  shall  deter- 
mine upon  a  later  date  which  date  shall  not  be  later  than  the  first  Monday 
in  December.  Provided,  that  this  section  shall  not  apply  to  any  child 
who  lives  more  than  two  (2)  miles  from  any  school  by  the  nearest 
traveled  road  except  in  those  districts  in  which  the  pupils  are  transported 
at  public  expense,  or  who  is  excused  for  sufficient  reasons  by  any  court 
of  record  or  judge  thereof.  Any  person  who  shall  violate  the  provisions 
of  this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  pay  a  fine  of  not  less  than  three  ($3)  dollars  nor  more  than 
twenty  ($20)  dollars,  for  each  offense.  [30  G.  A.,  ch.  116,  §  1;  29  G. 
A.,  ch.  128,  §  1.] 

NOTE:  Seven  to  fourteen,  inclusive — meaning.  The  language  of  the 
section  "to  fourteen  years"  cannot  be  construed  to  extend  beyond  the  time 
when  the  child  becomes  fourteen  years  of  age.  The  word  "inclusive"  follow- 
ing clearly  applies  to  the  time  intervening  between  the  ages  of  seven  and 
fourteen  years.  *  *  *  I  am  therefore  of  the  opinion  that  the  word 
"inclusive,"  as  used  in  the  section,  does  not  extend  the  period  during  which 
a  child  can  be  compelled  to  attend  school  beyond  the  time  he  becomes  four- 
teen years  of  age.  Report  of  attorney  general,  1904,  page  95. 


SCHOOL   LAWS   OP   IOWA.  105 

SEC.  2823-b.  Reports  to  secretary.  Upon  notice  from  the  secretary 
of  the  school  corporation  within  which  such  school  is  conducted,  it  shall 
be  the  duty  of  each  principal  of  each  private  or  parochial  school,  once 
during  each  school  year,  and  at  any  time  when  requested  in  individual 
cases,  and  within  ten  days  from  the  receipt  of  such  notice,  to  furnish  to 
such  secretary  a  certificate  and  report  of  the  names,  ages  and  attendance 
of  the  pupils  in  attendance  at  such  school  during  the  preceding  year 
and  from  the  time  of  the  last  preceding  report  to  the  time  at  which  a 
report  is  required  and  any  person  having  the  control  of  any  child  be- 
tween seven  and  fourteen  years  of  age  inclusive,  who  shall  place  the 
same  under  private  instruction,  not  in  a  regularly  conducted  school,  upon 
receiving  notice  from  the  secretary  of  the  school  corporation,  shall  fur- 
nish a  like  certificate  stating  the  name  and  age  of  such  child  and  the 
period  of  time  during  which  said  child  has  been  under  said  private  in- 
struction ;  and  any  person  having  the  control  of  such  child  who  is  phys- 
ically or  mentally  unable  to  attend  school,  public  or  private,  shall  furnish 
proofs  by  affidavit  or  affidavits  as  to  the  physical  or  mental  condition  of 
such  child.  All  such  certificates,  reports  and  proofs  shall  be  filed  and 
preserved  in  the  office  of  the  secretary  of  the  school  corporation  as  a 
part  of  the  records  of  his  office.  [29  G.  A.,  ch.  128,  §  2.] 

SEC.  2823-c.  Certified  copies.  It  shall  be  the  duty  of  the  secretary 
of  the  school  corporation  to  furnish  to  any  person  interested,  where  so 
requested,  certified  copies  of  all  certificates  contemplated  by  this  act,  on 
file  in  his  office.  [29  G.  A.,  ch.  128,  §  3.] 

SEC.  2823-d.  Truant  schools.  The  board  of  directors  of  any 
school  corporation  may  establish  truant  schools,  or  set  apart  separate 
rooms  in  any  public  school  building,  for  the  instruction  of  children  who 
are  habitually  truant  from  instruction,  as  contemplated  by  this  act. 
Such  directors  may  provide  for  the  confinement,  maintenance,  and  in- 
struction of  such  children  in  such  schools,  under  such  reasonable  rules 
and  regulations  as  they  may  prescribe.  If  any  child,  committed  or  sent 
to  the  truant  school  shall  prove  insubordinate  and  escape  from  such 
school  during  school  hours,  or  absent  himself  or  herself  therefrom  with- 
out the  consent  of  the  persons  in  charge  thereof,  then  it  shall  be  the  duty 
of  the  person  in  charge  of  said  school  with  the  consent  of  the  parent  or 
guardian  to  file  information  before  the  judge  of  a  court  of  record,  who 
may,  if  the  charge  be  found  to  be  true  and  the  said  child  be  habitually 
vagrant,  disorderly,  or  incorrigible  commit  such  child  to  one  of  the  in- 
dustrial schools  of  the  state,  under  the  same  proceeding  as  is  provided 
by  section  twenty-seven  hundred  eight  (2708)  of  the  code  so  far  as  the 
same  may  be  applicable.  [29  G.  A.,  ch.  128,  §  4.] 

SEC.  2823-e.  Truant  officers.  The  board  or  directors  of  each  school 
corporation  may,  and  in  school  corporations  having  a  population  of 
twenty  thousand  (20,000)  or  more  shall,  at  their  annual  meeting  in 
each  year,  appoint  one  or  more  truant  officers,  who  shall  serve  for  one 
year,  and  who  may  be  a  constable  or  a  member  of  the  police  force,  whose 
duty  it  shall  be  to  report  violations  of  this  act  to  the  secretary  of  the 
school  corporation,  and  see  to  the  enforcement  of  the  provisions  of  this 
act.  It  shall  be  the  duty  of  said  truant  officer  or  officers  to  apprehend 
and  take  into  custody  without  warrant  any  child  of  the  age  of  seven 


106  SCHOOL  LAWS  OF  IOWA. 

(7)  to  fourteen  (14)  years  inclusive,  who  habitually  frequents  or  loiters 
about  public  places  during  school  hours  without  lawful  occupation,  or 
cannot  produce  a  certificate  as  provided  in  section  two  (2)  hereof,  also 
any  truant  child  who  absents  himself  or  herself  from  school,  and  place 
him  or  her  in  charge  of  the  teacher  having  charge  of  any  school,  which 
said  child  is  entitled  to  attend,  and  which  school  may  be  designated  to 
said  officers  by  the  person  having  legal  control  of  such  child :  Provided,, 
however,  in  case  the  school  so  designated  by  the  parent  or  person  having 
the  care  and  control  of  said  child  be  a  public  school  it  shall  be  such  as 
directed  by  the  rules  and  regulations  of  the  school  board  and  the  statutes 
of  the  state,  and  if  other  than  a  public  school,  the  maintenance  of  said 
child  in  such  school  shall  be  without  expense  to  the  school  corporation 
or  state.  Upon  failure  of  such  child  to  properly  attend  or  when  on 
report  of  the  teacher  having  the  custody  of  such  child,  said  child  is 
shown  to  not  properly  conduct  itself  in  the  school  where  placed  as  herein 
provided,  the  child  may  be  removed  therefrom  by  the  board  of  directors 
and  placed  either  in  a  public  school  or  a  truant  school  conducted  in  said 
district.  The  truant  officer  or  officers1  shall  be  entitled  to  such  compen- 
sation for  service  rendered  under  this  act,  as  shall  be  fixed  by  the  board 
of  directors  appointing  him  or  them,  which  compensation  shall  be  paid 
from  the  contingent  fund  of  'said  district.  [30  G.  A.,  eh.  116,  §  2 ;  29 
G.  A.,  ch.  128,  §  5.] 

SEC.  2823-f.  Enforcement.  It  shall  be  the  duty  of  the  director 
or  president  of  any  board  of  directors,  or  any  truant  officers  appointed 
by  such  board  of  directors,  to  enforce  the  provisions  of  this  act,  to  sue 
for  and  recover  the  penalties  herein  provided,  and  to  institute  criminal 
prosecution  against  any  person  violating  the  provisions  of  this  act,  and 
any  such  officers  neglecting  to  do  so  within  thirty  (30)  days  after  a 
written  notice  has  been  served  upon  him  by  any  citizen  of  said  district 
or  the  county  superintendent  of  the  county  within  which  the  offending 
person  shall  reside,  shall  himself  be  liable  for  a  fine  of  not  less  than  ten 
($10)  dollars  nor  more  than  twenty  ($20)  dollars  for  each  offense.  [32 
G.  A.,  ch.  154;  29  G.  A.,  ch.  128,  §  6.] 

SEC.  2823-g.  Teachers  and  school  officers — duties.  All  teachers  of 
the  public  schools  of  the  state,  and  county  superintendents,  and  school 
officers  and  employes  shall  promptly  report  to  the  secretary  of  the  school 
corporation  any  violations  of  the  provisions  of  this  act,  of  which  they 
have  knowledge  or  information,  and  he  shall  promptly  inform  the  presi- 
dent of  the  board  of  directors  thereof  and  such  president  shall,  if  neces- 
sary, call  a  meeting  of  the  board  of  directors  to  take  such  action  thereon 
as  the  facts  shall  justify,  and  any  child  placed  in  any  truant  school  may 
be  discharged  therefrom  at  the  discretion  of  the  board,  upon  sufficient 
assurance  of  the  future  good  conduct  of  such  child.  [29  G.  A.,  ch.  128, 
§7.] 

SEC.  2823-h.  Provisions  for  punishment.  The  board  of  directors 
of  every  school  corporation  is  hereby  authorized  to  provide  such  reason- 
able methods  of  punishment  of  children  who  are  habitually  truant  from 
school,  or  who  habitually  frequent  or  loiter  about  public  places  during 
school  hours  without  lawful  occupation,  as  may  be  necessary  to  carry 
out  and  make  effectual  the  provisions  of  this  act,  [29  G.  A.,  ch,  128,  §  8.] 


SCHOOL  LAWS  OF  IOWA.  107 

SEC.  2823-i.  School  census.  It  shall  be  the  duty  of  all  officers,  em- 
powered to  take  the  school  census,  to  ascertain  the  number  of  children 
of  the  ages  of  seven  (7)  to  fourteen  (14)  years,  inclusive,  in  their  respec- 
tive districts,  the  number  of  such  children  who  do  not  attend  school,  and 
so  far  as  possible,  the  cause  of  failure  to  attend  school.  [29  G.  A.,  ch. 
128,  §  9.] 

SCHOOL  LAWS — SALE. 

SEC.  2823-j.  County  auditors — requisition — duplicate  receipts.  On 
or  before  the  15th  day  of  November  of  each  year,  the  auditor  of  each 
county  shall  make  an  estimate  of  the  number  of  copies  of  the  school  laws 
of  Iowa  as  will,  in  his  judgment,  be  required  to  supply  the  demand  for 
such  laws  in  his  county,  in  addition  to  the  number  of  copies  of  said  school 
laws  furnished  by  the  state  as  provided  for  in  section  2624,  chapter  1, 
title  13  of  the  code.  The  county  auditor  shall  transmit  his  estimate  to 
the  superintendent  of  public  instruction,  together  with  a  requisition  for 
the  number  of  copies  required.  On  receipt  of  the  requisition  the  super- 
intendent of  publie  instruction  shall  forward  to  the  county  auditor  the 
number  of  copies  named  in  the  requisition.  On  receipt  of  the  copies 
transmitted  to  him,  the  county  auditor  shall  execute  receipts  therefor  in 
duplicate,  one  of  which  he  shall  immediately  transmit  to  the  superin- 
tendent of  public  instruction  and  the  other  to  the  state  auditor.  [27  G. 
A.,  ch.  90,  §  1.] 

SEC.  2823-k.  Sale  price.  The  county  auditor  shall  keep  for  sale 
at  his  office  in  the  court  house  of  the  county,  copies  of  the  school  laws 
of  the  state  of  Iowa,  which  he  shall  receive  in  the  manner  hereinbefore 
provided,  at  a  price  not  to  exceed  twenty  (20)  cents  per  copy  of  such 
laws,  bound  in  paper  and  not  to  exceed  30  cents  per  copy  of  such  laws 
bound  in  cloth  and  pay  the  proceeds  of  such  sales  into  the  county  treasury 
on  or  before  the  15th  day  of  November  of  each  year.  [27  G.  A.,  ch.  90, 
§2.] 

SEC.  2823-1.  Statement  of  copies  sold.  The  said  county  auditor 
shall  also  on  or  before  the  15th  day  of  November  of  each  year,  make  out 
in  writing  under  oath,  a  statement  of  the  number  of  copies  sold  by  him 
and  not  before  accounted  for,  and  the  number  remaining  on  hand  and 
the  amount  paid'  to  the  county  treasurer,  and  transmit  such  statement 
to  the  auditor  of  state,  who  shall  charge  the  county  treasurer  with  such 
amount,  and  the  superintendent  of  public  instruction  shall  certify  to  the 
state  auditor  the  number  of  copies  transmitted  to  each  county  auditor 
and  the  state  auditor  shall  charge  each  county  auditor  therewith,  and 
subsequently  credit  him  with  such  as  may  be  sold  or  otherwise  lawfully 
disposed  of.  [27  G.  A.,  ch.  90,  §  3.] 

SEC.  2823-m.  Copies  delivered  to  successor.  When  the  county  audi- 
tor goes  out  of  office,  having  any  such  copies  remaining,  he  shall  deliver 
them  to  his  successor,  taking  his  receipt  therefor  in  duplicate,  one  of 
which  shall  be  sent  to  the  state  auditor  which  shall  be  his  sufficient  dis- 
charge for  the  same.  [27  G.  A.,  ch.  90,  §  4.] 


108  SCHOOL  LAWS  OF  IOWA. 

LIBRARIES. 

SEC.  2823-n.  Libi'ui'y  fuiu.  ILe  treasurer  of  each  school  township 
and  each  rural  independent  district  in  this  state  shall  withhold  annually, 
from  the  money  received  from  the  apportionment  for  the  several  school 
districts,  not  less  than  five  nor  more  than  fifteen  cents,  as  may  be  ordered 
by  the  board,  for  each  person  of  school  age  residing  in  each  school  cor- 
poration, as  shown  by  the  annual  report  of  the  secretary,  for  the  pur- 
chase of  books  as  hereinafter  provided.  When  so  ordered  by  the  board 
of  directors,  the  provisions  of  this  section  shall  apply  to  any  independent 
district.  [28  G.  A.,  ch.  23,  §  1.] 

NOTES:  1.  Mandatory.  It  is  mandatory  upon  the  treasurer  in  each  school 
township  and  each  rural  independent  district  to  withhold  from  the  appor- 
tionment each  year  a  certain  number  of  cents  for  each  person  between  the 
ages  of  5  and  21  years,  for  the  purchase  of  library  books. 

2.  Amount  withheld.     The  amount  withheld,  annually,  for  each  person, 
may  not  exceed  fifteen  cents,  nor  be  less  than  five  cents.     The  exact  amount 
per  pupil  is  left  to  the  discretion  of  the  board  of  directors,  and  may  vary 
from  one  year  to   another.     In  determining  the  amount  the   board   should 
consider  the  special  needs  of  the  district. 

3.  Contingent  fund.      Under  section   2783,   the  board  may  use  the  con- 
tingent fund  to  purchase  dictionaries,  library  books,  maps,  charts,  and  ap- 
paratus, to  an  amount  not  exceeding  twenty-five   dollars  in   any  one  year 
for  each  schoolroom  under  its  charge. 

4.  When  apply  to  city  and  town  districts.      The   provisions   of   the   law 
apply  to  independent  districts  having  cities,  towns,  and  villages,  only  when 
so  ordered  by  the  board  of  directors.     Independent  districts  without  libraries 
should  avail  themselves  of  the  benefits  of  the  law. 

5.  Schoolhouse  fund.     The  electors   may  vote  schoolhouse  fund  for  the 
purchase  of  library  books.     Section  2749. 

SEC.  2823-0.  Purchase  of  books — distribution.  Between  the  third 
Monday  of  September  and  the  first  day  of  December  in  each  year  the 
president  and  secretary  of  the  board,  with  the  assistance  of  the  county 
superintendent  of  schools,  shall  expend  all  money  withheld  by  the  treas- 
urer as  provided  in  section  one  of  this  act,  in  the  purchase  of  books 
selected  from  the  lists  prepared  by  the  state  board  of  educational  ex- 
aminers as  herein-after  provided,  for  the  use  of  the  school  district;  in 
school  townships  the  secretary  shall  distribute  the  books  thus  selected  to 
the  librarians  among  the  several  subdistricts,  -and  at  least  semi-annually 
collect  the  same  and  distribute  others.  [28  G.  A.,  ch.  23,  §  2.] 

NOTES:  1.  Use  of  library  fund.  The  money  withheld  by  the  treasurer 
cannot  be  used  for  any  purpose  except  the  purchase  of  books.  All  expenses 
such  as  freight  charges,  express,  postage,  exchange,  library  cases,  and  record 
books,  should  be  paid  from  the  contingent  fund. 

2.  Listing — inspecting.  The  county  superintendents  in  visiting  schools 
should  carefully  inspect  the  library  to  see  that  it  is  properly  kept;  that  the 
books  are  properly  listed  and  labeled,  and  that  the  teachers  know  the  best 
use  to  make  of  it. 

SEC.  2823-p.  State  board  of  educational  examiners  to  prepare  list 
of  books.  It  is  hereby  made  the  duty  of  the  state  board  of  educational 
examiners  to  prepare  annually  or  biennially  lists  of  books  suitable  for 
use  in  school  district  libraries,  and  furnish  copies  of  such  lists  to  each 
president,  secretary,  and  each  county  superintendent,  as  often  as  the 
same  shall  be  published  or  revised,  from  which  lists  the  several  presi- 
dents and  secretaries  and  county  superintendents  shall  select  and  pur- 
chase books.  [28  G.  A.,  ch.  23,  §  3.] 


SCHOOL  LAWS  OF  IOWA.  109 

NOTE:  What  may  be  purchased.  It  is  illegal  to  purchase  books  or 
editions  not  included  in  the  list  recommended  by  the  state  board  of  ex- 
aminers. 

SEC.  2823-q.  Record  book.  It  shall  be  the  duty  of  each  secretary 
to  keep  in  a  record  book,  furnished  by  the  board  of  directors,  a  complete 
record  of  the  books  purchased  and  distributed  by  him.  [28  G.  A.,  ch. 
23,  §  4.] 

SEC.  2823-r.  Librarian.  Unless  the  board  of  directors  shall  elect 
some  other  person,  the  secretary  in  independent  districts  and  director  in 
subdistricts  in  school  townships  shall  act  as  librarian  and  shall  receive 
and  have  the  care  and  custody  of  the  books,  and  shall  loan  them  to 
teachers,  pupils,  and  other  residents  of  the  district,  in  accordance  with 
the  rules  and  regulations  prescribed  by  the  state  board  of  educational 
examiners  and  board  of  directors.  Each  librarian  shall  keep  a  complete 
record  of  the  books  in  a  record  book  furnished  by  the  board  of  directors. 
During  the  periods  that  the  school  is  in  session  the  library  shall  be  placed 
in  the  schoolhouse,  and  the  teacher  shall  be  responsible  to  the  district  for 
ite  proper  care  and  protection.  The  board  of  directors  shall  have  super- 
vision of  all  books  and  shall  make  an  equitable  distribution  thereof  among 
the  schools  of  the  corporation.  [28  G.  A.,  ch.  23,  §  5.] 

NOTES:  1.  Librarian— duties  of.  Much  of  the  success  of  the  library 
work  will  depend  upon  the  librarian,  and  it  is  urged  that  great  care  be 
taken  in  making  the  selection. 

2.  Library  free.     The  library  is  free  to  all  pupils  of  suitable  age,  teachers 
and  residents  of  the  district,  and  the  librarian  shall- loan  the  books  to  them 
in  accordance  with  the  rules  and  regulations  prescribed  by  the  state  board 
of  educational  examiners,   and  the   board   of   directors. 

3.  Where  kept.     The  library  must  be  kept  in  the  schoolhouse  during  the 
term  of  school.     At  other  times  it  is  placed  under  the  control  of  the  librarian. 

4.  Transfer  to  successor.     Each  school   officer,  upon  the  termination  of 
his  term  of  office,  shall  immediately  surrender  to  his  successor  all  books, 
papers,  and  moneys  pertaining  or  belonging  to  the  office,  taking  a  receipt 
therefor.     Code,  section  2770. 

VOCAL  MUSIC. 

SEC.  2823-s.  Instruction  in  vocal  music  authorized.  That  the  ele- 
ments of  vocal  music,  including  when  practical  the  singing  of  simple 
music  by  note,  be  taught  in  all  of  the  public  schools  of  Iowa,  and  that 
all  teachers  teaching  in  schools  where  such  instruction  is  not  given  by 
special  teachers  be  required  to  satisfy  the  county  superintendent  of  their 
ability  to  teach  the  elements  of  vocal  music  in  a  proper  manner.  Pro- 
vided, however,  that  no  teacher  shall  be  refused  a  certificate  or  the  grade 
of  his  or  her  certificate  lowered  on  account  of  lack  of  ability  to  sing. 
[28  G.  A.,  ch.  109,  §  1.] 

NOTE:  Music  required.  For  a  first  grade  certificate,  section  2734-d;  for 
a  second,  section  2734-h,  note  1;  for  a  third,  section  2734-i,  note  1. 

SEC.  2823-t.  Normal  institute.  That  it  shall  be  the  duty  of  each 
county  superintendent  to  have  taught  annually  in  the  normal  institute 
the  elements  of  vocal  music.  [28  G.  A.,  ch.  109,  §  2.] 


110  SCHOOL  LAWS  OP  IOWA. 

TEXT-BOOKS — ADOPTION — PURCHASE — LOANING. 

SEC.  2824.  Adoption — contract — agent.  The  board  of  directors  of 
each  and  every  school  corporation  in  the  state  of  Iowa  is  hereby  author- 
ized and  empowered  to  adopt  text-books  for  the  teaching  of  all  branches 
that  are  now  or  may  hereafter  be  authorized  to  be  taught  in  the  public 
schools  of  the  state,  and  to  contract  for  and  buy  said  books  and  any  and 
all  other  necessary  school  supplies  at  said  contract  prices,  and  to  sell 
the  same  to  the  pupils  of  their  respective  districts  at  cost,  and  said 
money  so  received  shall  be  returned  to  the  contingent  fund.  The  books 
and  supplies  so  purchased  shall  be  under  the  charge  of  the  board,  who 
may  select  one  or  more  persons  within  the  county  to  keep  said  books 
and  supplies  for  sale,  and,  to  insure  the  safety  of  the  books  and  moneys, 
the  board  shall  require  of  each  person  so  appointed  a  bond  in  such  sum 
as  may  seem  to  the  board  to  be  desirable.  [25  G.  A.,  ch.  35;  23  G.  A., 
ch.  24,  §§  1,  2.] 

NOTES:  1.  Term  of  contract.  There  is  nothing  in  this  and  the  following 
sections  from  which  it  can  be  inferred  that  a  contract  must  be  entered  into 
for  five  years.  The  law  does  not  attempt  to  fix  an  exact  limitation  as  to  the 
time  for  which  a  contract  should  be  made.  It  seems  to  be  the  intent  of 
the  law  that  the  board  of  directors  or  the  county  board  of  education  should 
carefully  avoid  making  a  contract  which  might  have  the  effect  of  binding 
its  successors  in  office. 

2.  Books  must  be  used.     It  is  within  the  power  of  any  board  to  forbid 
the  use  of  other  books  than  those  adopted  for  the  district,  and  to  provide 
by  rule  or  regulation  that  scholars  persistently  and  continuously  refusing 
to  conform  to  such  regulation  shall  be  refused  instruction  until  they  comply 
with  the  rule.     Teachers  failing  to  regard  a  rule  or  direction  of  the  board 
that  instruction  be  given   from  no  other  books  than  those  legally  in  use, 
take  the  risk  of  being  cited  for  trial  under  section  2782. 

3.  Cost — how  construed.     The  word  cost,  in  this  section,  should  be  under- 
stood to  mean  contract  price.     Any  extra  expense  connected  with  securing 
the  books  should  not  be  added  to  their  purchase  price,  but  should  be  paid 
from  the  contingent  fund,  upon  separate  orders.     In  this  way  the  cost  to 
the   purchaser   will  agree   with   the   contract  price,   and   uniformity  in   cost 
for  the  same  book  will  obtain  all  over  a  large  district  having  several  selling 
places,  and  will  also  be  common  in  many  districts  and  counties,  while  the 
extra  expense  for  handling,  drayage,  storage,  etc.,  may  differ  somewhat  in 
connection  with  each  different  person  selected  to  keep  the  books  for  sale. 

4.  Other  necessary   school  supplies.      We  think   the   words   any   and   all 
other  necessary  school  supplies  are  intended  to  include  only  such  articles 
as  it  is  customary  for  parents  to  purchase  for  the  use  of  their  children  in 
school  work.     For  instance,  globes  and  charts  have  not  been  furnished  by 
the  children.     They  cannot  be  bought  with  the  money  of  the  district,  resold, 
and  the  money  returned  to  the  contingent  fund  as  directed  by  the  law. 

5.  Text-books  included.     Text-books  of  every  variety,  in  all  classes  and 
grades,  and   all   kinds  of  supplies   usually   purchased   by   the   children   for 
use  in  the  schools  for  the  purpose  of  instruction,  may  be  purchased  under 
this  act. 

6.  Responsibility  of  board.     It  is  evidently  not  the  intention  to  impose 
a  hardship  upon  the  person  wiho  keeps  the  books  and  supplies  for  sale,  but 
simply  to  guard  the  district  against  possible  loss.     The  board  is  not  to  be 
considered  as  released  in  the  slightest  decree  from  its  obligation,  under  the 
general  law,  to  protect  the  funds.     The  bond  is  required  for  additional  pro- 
tection.    Form  50.     Nor  will  the  fact  that  the  board  requires  a  bond  from 
another  person  in  any  way  release  the  treasurer  from  his  absolute  responsi- 
bility for  all  funds  of  the  district  coming  into  his  hands,  from  whatever 
source. 

7.  Contracts  made  conditional.     In  order  to  avoid  a  possible  misunder- 
standing, every  contract  should  be  made  subject  to  the  action  of  the  electors 
as  provided  for  in  section  2829. 


SCHOOL  LAWS  OP  IOWA.  Ill 

8.  Adoption  of  text-books — contract.  See  McNees  vs.  School  Township 
of  East  River,  Page  County,  110  N.  W.,  325. 

SEC.  2825.  Use  of  contingent  fund — additional  tax.  All  the  books 
and  other  supplies  purchased  under  the  provisions  of  this  chapter  shall 
be  paid  for  out  of  the  contingent  fund,  and  the  board  of  directors  shall 
annually  certify  to  the  board  of  supervisors  the  additional  amount  neces- 
sary to  levy  for  the  contingent  fund  of  said  district  to  pay  for  such  books 
and  supplies.  But  such  additional  amount  shall  not  exceed  in  any  one 
year  the  sum  of  one  dollar  and  fifty  cents  for  each  pupil  residing  in  the 
school  corporation,  and  the  amount  so  levied  shall  be  paid  out  on  war- 
rants drawn  for  the  payment  of  books  and  supplies  only,  but  the  district 
shall  contract  no  debt  for  that  purpose.  [25  G.  A.,  ch.  35;  23  G.  A.,  ch. 
24,  §  2.] 

NOTES:  1.  Contingent  fund — use  of.  Any  contingent  fund  on  hand  may 
be  used  to  purchase  books  and  supplies.  As  the  proceeds  from  sales  must 
be  returned  at  once  to  the  contingent  fund,  no  large  additional  amount  will 
ordinarily  be  needed  to  enable  the  average  district  to  secure  books  and 
supplies  under  this  law. 

2.  Contingent  fund — estimate   for.      When   the   board   is   estimating   the 
levy   for   the   contingent   fund,   it  may  include   in   the  estimate   an   amount 
needed  to  pay  any  necessary  expense  connected  with  securing  the  books. 

3.  Orders  audited.     All  payments  under  this  chapter  must  be  made. in 
strict  accordance  with  the  other  provisions  of  law  governing  the  disburse- 
ment of  school  moneys.     No  order  for  any  purpose  may  be  drawn  until  the 
account  has  been  regularly  audited  by  the  board.     Section  2780. 

4.  Price  to  pupils.     It  is  desirable  that  the  cost  to  the  scholar  shall  be 
the  lowest  possible.     Any  extra  expense  connected  with  securing  the  books 
should  not  be  added  to  their  purchase  price,  but  sihould  be  paid  out  of  the 
contingent  fund,  upon  separate  orders.     In  this  way  the  cost  to  the  pur- 
chaser will  agree  with  the  contract  price,  and  uniformity  in  cost  for  the 
same  book  will  be  common  in  many  districts  and  counties.     Note  3  to  sec- 
tion 2824. 

5.  Anticipate   taxes.      While   the   district   may   contract   no   indebtedness 
for  the  purchase  of  books  and  supplies,  the  board  may  anticipate  the  levy 
and  collection  of  taxes  certified  for  those  purposes. 

SEC.  2826.  Purchase — exchange.  In  the  purchasing  of  text-books 
it  shall  be  the  duty  of  the  board  of  directors  or  the  county  board  of 
education  to  take  into  consideration  the  books  then  in  use  in  the  respec- 
tive districts,  and  they  may  buy  such  additional  number  of  said  books 
as  may  from  time  to  time  become  necessary  to  supply  their  schools,  and 
they  may  arrange  on  equitable  terms  for  exchange  of  books  in  use  for 
new  books  adopted.  [25  G.  A.,  ch.  35;  23  G.  A.,  ch.  24,  §  3.] 

NOTE:  Uniformity  of  books.  The  good  of  the  schools  will  be  best  ad- 
vanced if  it  is  ordered  that  the  same  book  or  books  in  any  branch  must 
be  used  in  all  the  schools  of  the  same  grade  in  the  district.  This  will  sim- 
plify the  purchase,  and  also  facilitate  the  introduction  of  uniform  books. 

SEC.  2827.  Suit  on  bond.  If  at  any  time  the  publishers  of  such 
books  as  shall  have  been  adopted  by  any  board  of  directors  or  county 
board  of  education  shall  neglect  or  refuse  to  furnish  such  books  when 
ordered  by  said  board  in  accordance  with  the  provisions  of  this  chapter, 
at  the  very  lowest  price,  either  contract  or  wholesale,  that  such  books 
are  furnished  any  other  district  or  state  board,  then  said  board  of  direct- 
ors or  county  board  of  education  may  and  it  is  hereby  made  their  duty 
to  bring  suit  upon  the  bond  given  them  by  the  contracting  publisher. 
[25  G.  A.,  ch.  35;  23  G.  A.,  ch.  24,  §  4.] 


112  SCHOOL  LAWS   OF   IOWA. 

SEC.  2828.  Bids.  Before  purchasing  text-books  under  the  pro- 
visions of  this  chapter,  it  shall  be  the  duty  of  the  board  of  directors,  or 
county  board  of  education,  to  advertise,  by  publishing  a  notice  once 
each  week  for  three  consecutive  weeks  in  one  or  more  newspapers  pub- 
lished in  the  county;  said  notice  shall  state  the  time  up  to  which  all 
bids  will  be  received,  the  classes  and  grades  for  which  text-books  and 
other  necessary  supplies  are  to  be  bought,  and  the  approximate  quantity 
needed ;  and  said  board  shall  award  the  contract  for  said  text-books  and 
supplies  to  any  responsible  bidder  or  bidders  offering  suitable  text-books 
and  supplies  at  the  lowest  prices,  taking  into  consideration  the  quality 
of  material  used,  illustrations,  binding,  and  all  other  things  that  go  to 
make  up  a  desirable  text-book;  and  may,  to  the  end  that  they  may  be 
fully  advised,  consult  the  county  superintendent,  or,  in  case  of  city  in- 
dependent districts,  with  city  superintendent  or  other  competent  person, 
with  reference  to  the  selection  of  text-books:  Provided,  that  the  board 
may  reject  any  and  all  bids,  or  any  part  thereof,  and  re-advertise  there- 
for as  above  provided.  [31  G.  A.,  ch.  9,  §  4;  25  G.  A.,  ch.  35;  23  G.  A., 
ch.  24,  §  5.] 

NOTE:  Must  advertise.  A  board  may  not  secure  the  advantages  of 
purchasing  text-books  without  first  advertising  for  bids  and  letting  the  con- 
tract in  the  manner  required.  And  this  is  equally  true  even  if  it  is  expected 
that  a  new  contract  will  be  made  for  the  books  in  present  use.  Form  5. 
110  N.  W.,  325. 

SEC.  2829.  Change — question  submitted.  It  shall  be  unlawful  for 
any  board  of  directors  or  county  board  of  education,  except  as  provided 
in  section  twenty-eight  hundred  and  twenty-seven  of  this  chapter,  to  dis- 
place or  change  any  text-book  that  has  been  regularly  adopted  or  re- 
adopted  under  the  provisions  of  this  chapter,  before  the  expiration  of 
five  years  from  the  date  of  such  adoption  or  re-adoption,  unless  author- 
ized to  do  so  by  a  majority  of  the  electors  present  and  voting  at  their 
regular  annual  meeting  in  March,  due  notice  of  said  proposition  to 
change  or  displace  said  text-books  having  been  included  in  the  notice 
for  the  said  regular  meeting.  [25  G.  A.,  ch.  35;  23  G.  A.,  ch.  24,  §  6.] 

NOTE:  Notice — secretary  must  be  directed.  Where  notice  that  the  ques- 
tion of  a  change  of  text-books  would  be  voted  on  was  included  in  the  notice 
of  election  by  the  clerk  (secretary)  without  the  action  of  the  board,  the 
vote  thereon  was  invalid,  though  a  petition  of  ten  voters  had  been  filed, 
and  though  the  members  of  the  board  individually  had  authorized  the  action 
of  the  clerk  (secretary).  McNees  vs.  School  Townsihip  of  Bast  River,  Page 
county,  110  N.  W.,  325. 

SEC.  2830.  Samples — lists — bonds.  Any  person  or  firm  desiring 
to  furnish  books  or  supplies  under  this  chapter  in  any  county  shall,  at 
or  before  the  time  of  filing  his  bid  hereunder,  deposit  in  the  office  of  the 
county  superintendent  samples  of  all  text-books  included  in  his  bid, 
accompanied  with  lists  giving  the  lowest  wholesale  and  contract  prices 
for  the  same.  And  said  samples  and  lists  shall  remain  in  the  county 
superintendent's  office,  and  shall  be  delivered  by  him  to  his  successor 
in  office,  and  shall  be  kept  by  him  in  such  safe  and  convenient  manner 
as  to  be  open  at  all  times  to  the  inspection  of  such  school  officers,  school 
patrons  and  school  teachers  as  may  desire  to  examine  the  same  and  com- 


SCHOOL   LAWS   OF   IOWA.  113 

pare  them  with  others,  for  the  purpose  of  use  in  the  public  schools.  The 
board  of  directors  and  the  county  board  of  education  mentioned  shall  re- 
quire of  any  person  or  persons  with  whom  they  contract  for  furnishing 
any  books  or  supplies  to  enter  into  a  good  and  sufficient  bond,  in  such 
sum  and  with  such  conditions  and  sureties  as  may  be  required  by  such 
board  of  directors  or  county  board  of  education,  for  the  faithful  per- 
formance of  any  such  contract.  But  bonds  of  surety  companies  duly 
authorized  under  the  laws  of  Iowa  shall  be  accepted.  [25  G.  A.,  ch.  35 ; 
23  G.  A.,  ch.  24,  §  7.] 

SEC.  2831.  County  board  of  education — question  as  to  county  uni- 
formity. The  county  superintendent,  the  county  auditor  and  the 
members  of  the  board  of  supervisors  shall  constitute  a  county  board  of 
education.  When  petitions  shall  have  been  signed  by  one-third  the 
school  directors  in  any  county,  other  than  those  in  cities  and  towns,  and 
filed  in  the  office  of  the  county  superintendent  of  such  county  at  least 
thirty  days  before  the  annual  school  elections,  asking  for  a  uniform 
series  of  text-books  in  the  county,  then  such  county  superintendent 
shall  immediately  notify  the  other  members  of  the  county  board  of 
education  in  writing,  and  within  fifteen  days  after  the  filing  of  the 
petitions  said  board  of  education  shall  meet  and  provide  for  submitting 
to  the  electors  at  the  next  annual  meeting  the  question  of  county  uni- 
formity of  school  text-books.  [28  G.  A.,  ch.  Ill ;  25  G.  A.,  ch.  35 ;  23 
G.  A.,  ch.  24,  §§8/9.] 

NOTES:  1.  Petition.  It  is  intended  that  -at  least  one-third  of  the  in- 
dividuals composing  all  boards,  except  those  of  city  and  town  districts,  shall 
sign  the  petition  referred  to.  Form  53. 

2.  County  board  of  education.      By  the  provisions  of  this  section  every 
county  in  the  state  has  a  county  board  of  education  composed  of  the  county 
superintendent,  county  auditor,  and  members  of  the  board  of  supervisors. 

3.  Notice.     In  order  that  every  voter  may  be  fully  advised  of  the  sub- 
mission of  the  question  of  county  uniformity,  the  county  board  of  education 
should  publish   the  proposition  to   be  voted   upon   in   the   official   papers   of 
the  county  at  least  ten   days   before   the   annual   school  election,   and   they 
sihould  also   transmit  to  the  secretaries  of  the   several   boards  of  directors 
copies  of  said  proposition,  and  direct  said  secretaries  to  give  notice  thereof 
and  provide  for  the  taking  of  a  vote  thereon  at  the  annual  meeting. 

SEC.  2832.  Selection  of  books — depositories.  Should  a  majority 
of  the  electors  voting  at  such  elections  favor  a  uniform  series  of  text- 
books for  use  in  said  county,  then  the  county  board  of  education  shall 
meet  and  select  the  school  text-books  for  the  entire  county,  and  contract 
for  the  same  under  such  rules  and  regulations  as  the  said  board  of  educa- 
tion may  adopt.  When  a  list  of  text-books  has  been  so  selected,  they 
shall  be  used  by  all  the  public  schools  of  said  county,  except  as  herein- 
after provided,  and  the  board  of  education  may  arrange  for  such  deposi- 
tories as  it  may  deem  best,  and  may  pay  for  said  school  books  out  of  the 
county  funds,  and  sell  them  to  the  school  districts  at  the  same  price  as 
provided  for  in  section  twenty-eight  hundred  and  twenty-four  of  this 
chapter,  and  the  money  received  from  said  sales  shall  be  returned  to  the 
county  funds  by  said  board  of  education  monthly.  The  boards  of  school 
officers,  who  are  hereby  made  the  judges  of  the  school  meetings,  shall 
certify  to  the  board  of  supervisors  the  full  returns  of  the  votes  cast  at 
said  meetings  the  next  day  after  the  holding  of  said  meetings,  who  shall, 


114  SCHOOL  LAWS  OF  IOWA. 

at  their  next  regular  meeting,  proceed  to  canvass  said  votes  and  declare 
the  result.  Unless  otherwise  ordered  by  the  board  of  education,  the 
county  superintendent  shall  have  charge  of  such  text-books  and  of  the 
distribution  thereof  among  the  depositories  selected  by  the  board;  he 
shall  render  to  the  board  at  each  meeting  thereof  itemized  accounts  of 
his  doings,  and  shall  be  liable  on  his  official  bond  therefor.  [28  G.  A., 
ch.  112;  25  G.  A.,  ch.  35;  23  G.  A.,  ch.  24,  §  9.] 

NOTES:  1.  A  continuous  body.  The  county  board  of  education  is  a  con- 
tinuous body. 

2.  Rules.     County  boards  of  education  should  from  time  to  time  make 
such  rules  and  regulations  as  seem  necessary  to  carry  out  the  purpose  and 
spirit  of  the  law. 

3.  May  not  be  purchased.     Purchases  of  records,  dictionaries,  apparatus 
and  similar  supplies  for  the  use  of  the  district  may  not  be  made  by  contract 
under  this  law,   but  such  articles  should   be  bought  with   contingent  fund, 
as  provided  by  section  2783.     Note  4  to  section  2824. 

4.  Sold  direct.     The  county  board  of  education  must  cause  the  books  to 
be  sold  to  the  people  'direct,  under  such  regulations  as  the  board  may  adopt. 

5.  Must  be  used.     When  a  List  of  text-books  has  been  selected  as  provided 
in  this  section,  they  must  be  used  by  all  the  public  schools  of  said  county, 
except  as  provided  in  section  2835,  notwithstanding  the  fact  that  contracts 
made  by  boards  of  school  corporations  may  not  have  expired. 

6.  Bonds.     Security  by  bond  made  payable  to  the  county  may  be  required 
from  depositories.     But  the  fact  that  the  money  from  sales  must  be  returned 
to  the  county  funds  monthly  will  lessen  the  need  for  as  much  security  as 
would  be  necessary  if  a  large  sum  of  money  could  be  held  by  a  depository 
for  a  long  time. 

7.  Depositories.     The  county  board   of  education   should   arrange   for   a 
sufficient  number  of  depositories  to  accommodate  fully  the  people  of  every 
district  in  the  county. 

8.  Contingent  expense.     It  will  promote  an  equality  of  price  for  the  same 
book  in  the  several   counties,   if   any   slight  extra   expense   connected   with 
securing  or  handling  the  books  be  not  added  to  the  contract  price,  but  paid 
for  from  the  county  funds,  by  the  board  of  supervisors.     In  this  way,  the 
books  and  supplies  may  be  sold  to  the  people  at  cost,  the  same  as  provided 
under  section  2824,  when  purchase  is  made  by  a  district.     Note  4  to  sec- 
tion 2825. 

9.  May   not   render  opinions.      It   is   apparent   that   there   will    be   many 
questions  arising  upon  which  we  cannot  venture  an  opinion.     Any  matter 
in  which  the  binding  force  or  validity  of  a  contract  is  involved,  can  be  de- 
termined only  by  the  courts  of  law. 

10.  Legal  adviser.     The  county  attorney  is  the  legal  adviser  of  the  county 
board  of  education,  and  he  should  be  freely  consulted   on   questions  upon 
which  the  board  may  be  in  doubt.     Code,  section  302. 

11.  By  ballot.     The  vote  upon  county  uniformity  must  be  by  ballot.     The 
result  of  such  vote  should  be  duly  certified  by  the  judges  of  election  to  the 
board  of  supervisors  the  next  day  after  the  annual  meeting. 

12.  Judges.     "The  boards  of  school  officers"   who  are  made   the  judges 
of  election  by  this  section  consist  of  the  president,  the  secretary,  and  one 
of  the  directors  as  provided  for  in  section  2746. 

13.  Printing  ballots.     In  order  to  facilitate  matters  in  holding  this  elec- 
tion, the  board  of  education  might  very  properly  provide  for  the  printing 
and  distribution  of  ballots,  and  make  such  other  arrangements  as  may  be 
necessary. 

SEC.  2833.  Proceedings  of  county  board.  The  county  superin- 
tendent shall  in  all  cases  be  chairman  of  the  county  board  of  education, 
and  the  county  auditor  shall  be  the  secretary,  and  a  full  and  complete 
record  shall  be  kept  of  their  proceedings  in  a  book  kept  for  that  pur- 
pose in  the  office  of  the  county  superintendent.  A  list  of  text-books  so. 


SCHOOL  LAWS  OP  IOWA.  115 

selected,  with  their  contract  prices,  shall  be  reported  to  the  state  super- 
intendent with  the  regular  annual  report  of  the  county  superintendent. 
[25  G.  A.,  ch.  35;  23  G.  A.,  ch.  24,  §  10.] 

NOTE:  Who  report.  The  county  superintendent  will  report  only  the 
list  of  books  adopted  by  the  county  board  of  education.  The  superintendents 
of  counties  that  have  not  adopted  county  uniformity  as  provided  in  sec- 
tions 2831  and  2832  will  not  make  this  report. 

SEC.  2834.  Officers  not  to  be  agents.  It  shall  be  unlawful  for  any 
school  director,  teacher  or  member  of  the  county  board  of  education  to 
act  as  agent  for  any  school  text-books  or  school  supplies  during  such 
term  of  office  or  employment,  and  any  school  director,  officer,  teacher  or 
member  of  the  county  board  of  education  who  shall  act  as  agent  or 
dealer  in  school  text-books  or  school  supplies,  during  the  term  of  such 
office  or  employment,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  therof,  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars,  and  pay  the  costs  of  prosecution.  [25  G.  A., 
ch.  35;  23  G.  A.,  ch.  24,  §  11.] 

NOTES:  1.  Purpose  of  the  law.  The  intention  of  this  section  is  to  pro- 
hibit any  of  the  persons  named  from  engaging  in  any  business  in  connection 
with  school  text-books  or  supplies,  by  which  his  pecuniary  interests  might 
be  brought  in  conflict  with  his  official  duties. 

2.  Violation — effect.     The  fact  that  a  person  is  subject  to  the  penalties 
named,  for  violating  the  provisions  of  this  section,  will  not  operate  to  deprive 
him  of  his  office  or  position. 

3.  Who   prohibited.      School    directors,    teachers,    and    members    of    the 
county  board  of  education  are   by  this  section  absolutely  prohibited  from 
acting  as  agents  for,  or  dealers  in,  school  text-books  or  school  supplies. 

4.  Director  as  dealer.      Code,   section   2834,   applies   to   and   prohibits  a 
school   director   from   engaging   on   his   own   account  in  the  sale  of   school 
books  and  supplies  to  fche  pupils,  and  is  not  limited  to  cMrectors  acting  as 
agents  of  the  board  under  code,  section  2824.     130  Iowa,  31. 

5.  Sale  of  books — use  of  contingent  fund.     A  school  board  has  no  author- 
ity to  contract  with  a  bookseller  and  pay  him  out  of  the  contingent  fund 
for  handling  books,  where  the  district  does  not  buy  the  books  for  re-sale, 
but  simply  arranges  with  the  publishers  to  place  the  same  with  the  dealer 
to  be  sold  by  him  at  a  stated  price.      127  Iowa,   408. 

SEC.  2835.  City  schools.  The  provisions  of  sections  twenty-eight 
•hundred  and  thirty-one,  twenty-eight  hundred  and  thirty-two  and 
twenty-eight  hundred  and  thirty-three  of  this  chapter  shall  not  apply 
to  schools  located  within  cities  or  towns,  nor  shall  the  electors  of  said 
cities  or  towns  vote  upon  the  question  of  county  uniformity ;  but  nothing 
herein  shall  be  so  construed  as  to  prevent  such  schools  in  said  cities  and 
towns  from  adopting  and  buyipg  the  books  adopted  by  the  county  board 
of  education  at  the  prices  fixed  by  them,  if  by  a  vote  of  the  electors  they 
shall  so  decide.  [25  G.  A.,  ch.  35;  23  G.  A.,  ch.  24,  §  12.]  . 

NOTES:  1.  Apply  to  whom.  All  except  sections  2831,  2832  and  2833 
apply  to  city  and  town  independent  school  districts,  and  such  districts  may 
purchase  books  and  supplies  in  the  same  manner  as  other  districts,  under 
sections  2824  to  2830. 

2.  How  adopt.  City  and  town  independent  districts  may  by  a  vote  of 
the  electors,  at  a  regular  meeting  or  at  a  special  meeting  called  for  that 
purpose,  decide  to  adopt  and  use  the  books  adop'.od  by  the  county  board 
of  education. 


116  SCHOOL  LAWS  OP  IOWA. 

SEC.  2836.  Free  text-books — question  submitted,  whenever  a  pe- 
tition signed  by  one-third  or  more  of  the  legal  voters,  to  be  determined 
by  the  school  board  of  any  school  corporation,  shall  be  filed  with  the 
secretary  thirty  days  or  more  before  the  annual  meeting  of  the  electors, 
asking  that  the  question  of  providing  free  text-books  for  the  use  of 
pupils  in  the  public  schools  thereof  be  sumbitted  to  the  voters  at  the 
next  annual  meeting,  he  shall  cause  notice  of  such  proposition  to  be 
given  in  the  call  for  such  meeting.  [26  G.  A.,  ch.  37,  §  1.] 

NOTES:  1.  Purpose — benefits.  These  provisions  afford  all  school  cor- 
porations the  opportunity  to  supply  free  books,  so  that  every  child  may 
continuously  enjoy  the  privileges  of  school.  It  is  believed  that  if  districts 
will  take  action  in  accordance  with  the  spirit  of  the  law,  the  percentage 
of  attendance  at  school  can  be  materially  increased,  and  the  usefulness  of 
our  schools  to  all  the  children  greatly  enhanced. 

2.  Rules — importance  of.  Much  of  the  success  of  free  text-books  will 
depend  upon  the  rules  and  regulations  adopted  by  the  board  to  govern  the 
use  and  care  of  such  books.  The  board  should  take  more  than  the  usual 
pains  to  adopt  plain,  comprehensive,  and  effective  rules  for  the  guidance  of 
all  concerned. 

SEC.  2837.  Loaning — discontinuance.  If,  at  such  meeting,  a  ma- 
jority of  the  legal  voters  present  and  voting  by  ballot  thereon  shall 
authorize  the  board  of  directors  of  said  school  corporation  to  loan  text- 
books to  the  pupils  free  of  charge,  then  the  board  shall  procure  such 
books  as  shall  be  needed,  in  the  manner  provided  by  law  for  the  purchase 
of  text-books,  and  loan  them  to  the  pupils.  The  board  shall  hold  pupils 
responsible  for  any  damage  to,  loss  of,  or  failure  to  return  any  such 
books,  and  shall  adopt  such  rules  and  regulations  as1  may  be  reasonable 
and  necessary  for  the  keeping  and  preservation  thereof.  Any  pupil  shall 
be  allowed  to  purchase  any  text-book  used  in  the  school  at  cost.  No 
pupil  already  supplied  with  text-books  shall  be  supplied  with  others 
without  charge  until  needed.  The  electors  may,  at  any  election  called 
as  provided  in  the  last  section,  direct  the  board  to  discontinue  the  loan- 
ing of  text-books  to  pupils,  [26  G.  A.,  ch.  37,  §§  2-6.] 

NOTES:  1.  Success  of.  As  much  of  the  success  of  free  text-books  will 
depend  upon  the  rules  and  regulations  adopted  by  the  board  to  govern 
the  care  and  use  of  the  books,  a  board  should  take  more  than  the  usual 
pains  to  adopt  plain,  comprehensive,  and  effective  rules  for  the  guidance 
of  all  concerned. 

2.  Anticipate  tax.  While  the  district  may  contract  no  debt  for  the  pur- 
chase of  books,  the  board  may  anticipate  the  levy  and  collection  of  taxes 
certified  under  section  2825,  so  as  to  carry  out  the  instructions  of  the  electors 
without  unnecessary  delay. 

ADVERTISEMENTS  PROHIBITED. 

SEC.  5028-s.  What  prohibited.  That  no  bills,  posters  or  other  mat- 
ter used  to  advertise  the  sales  of  intoxicating  liquors  and  tobacco  shall 
be  distributed,  posted,  painted  or  maintained  within  four  hundred  feet 
of  premises  occupied  by  a  public  school  or  used  for  school  purposes, 
provided,  however,  that  nothing  in  this  act  contained  shall  apply  to 
advertisements  in  newspapers  of  regular  publication  distributed  to  sub- 
scribers or  purchasers  thereof.  [30  G.  A.,  ch.  137,  §  1.] 


SCHOOL  LAWS  OP  IOWA.  117 

SEC.  5028-t.  Penalty.  Any  person  violating  -any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars or  imprisonment  in  the  county  jail  not  exceeding  thirty  days.  [30 
G.  A.,  ch.  137,  §  2.] 

BEQUESTS— CORPORATIONS  MAY  RECEIVE. 

SEC.  740.  Power  to  take  property  by  gift  or  bequest— how  ad- 
ministered. Counties,  cities,  towns  and  school  corporations,  are 
authorized  to  take  and  hold  property,  real  and  personal,  derived  by 
gifts  and  bequests;  and  to  administer  the  same  through  their  proper 
officers  in  pursuance  of  the  terms  of  the  gift  or  bequest ;  and  when  made 
for  the  establishment  of  institutions  of  learning  or  benevolence,  and 
there  is  no  provision  made  in  the  gift  or  bequest  for  the  execution  of 
the  trust,  the  court  having  charge  of  the  probate  proceedings  in  the 
county  shall  appoint  three  trustees,  residents  of  said  county,  who  shall 
have  charge  and  control  the  same,  and  who  shall  continue  to  act  until 
removed  by  the  court.  And  they  shall  give  bond  as  required  in  case  of 
executors,  to  be  approved  in  the  same  manner  as  in  case  of  executors' 
bonds,  and  said  trustees  shall  be  subject  to  the  orders  of  said  court. 
[28  G.  A.,  ch.  23,  §  1;  26  G.  A.,  ch.  20.] 


CONSTITUTION  OF  IOWA 


ARTICLE  9. 


1.      EDUCATION  AND  SCHOOL  LANDS.       2.      SCHOOL  FUNDS  AND  SCHOOL  LANDS. 


SECTION  1.  Under  control  of  general  assembly.  The  educational 
and  school  fund  and  lands,  shall  be  under  the  control  and  management 
of  the  general  assembly  of  this  state. 

SEC.  2.  Permanent  fund.  The  university  lands,  and  the  proceeds 
thereof,  and  all  moneys  belonging  to  said  fund  shall  be  a  permanent 
fund  for  the  sole  use  of  the  state  university.  The  interest  arising  from 
the  same  shall  be  annually  appropriated  for  the  support  and  benefit  of 
said  university. 

SEC.  3.  Lands  appropriated.  The  general  assembly  shall  en- 
courage, by  all  suitable  means,  the  promotion  of  intellectual,  scientific, 
moral  and  agricultural  improvement.  The  proceeds  of  all  lands  that 
have  been,  or  hereafter  may  be,  granted  by  the  United  States  to  this 
state,  for  the  support  of  schools,  which  may  have  been  or  shall  here- 
after be  sold  or  disposed  of,  and  the  five  hundred  thousand  acres  of 
land  granted  to  the  new  states,  under  an  act  of  congress,  distributing 
the  proceeds  of  the  public  lands  among  the  several  states  of  the  Union, 
approved  in  the  year  of  our  Lord  one  thousand  e^ght  hundred  and  forty- 
one,  and  all  estates  of  deceased  persons  who  may  have  died  without  leav- 
ing a  will  or  heir,  and  also  such  per  cent  as  has  been  or  may  hereafter 
be  granted  by  congress,  on  the  sale  of  lands  in  this  state,  shall  be,  and 
remain  a  perpetual  fund,  the  interest  of  which,  together  with  all  rents 
of  the  unsold  lands,  and  such  other  means  as  the  general  assembly  may 
provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  state. 

SEC.  4.  Fines,  etc.,  how  appropriated.  The  money  which  may 
have  been  or  shall  be  paid  by  persons  as  an  equivalent  from  exemption 
from  military  duty,  and  the  clear  proceeds  of  all  fines  collected  in  the 
several  counties  for  any  breach  of  the  penal  laws  shall  be  exclusively 
applied  in  the  several  counties  in  which  such  money  is  paid,  or  fine 
collected,  among  the  several  school  districts  of  said  counties,  in  propor- 
tion to  the  number  of  youths  subject  to  enumeration  in  such  districts,  to 
the  support  of  common  schools,  or  the  establishment  of  libraries,  as 
the  board  of  education  shall  from  time  to  time  provide. 

(118) 


f  SCHOOL  LAWS   OF   IOWA.  119 

SEC.  5.  Proceeds  of  lands.  The  general  assembly  shall  take  meas- 
mres  for  the  protection,  improvement,  or  other  disposition  of  such  lands 
as  have  been,  or  may  hereafter  be  reserved,  or  granted  by  the  United 
States,  or  any  person  or  persons  to  this  state,  for  the  use  of  the  univer- 
sity, and  the  funds  accruing  from  the  rents  or  sale  of  such  lands,  or 
from  any  other  source  for  the  purpose  aforesaid,  shall  be,  and  remain, 
a  permanent  fund,  the  interest  of  which  shall  be  applied  to  the  support 
of  said  university,  for  the  promotion  of  literature,  the  arts  and  sciences, 
as  may  be  authorized  by  the  terms  of  such  grant.  And  it  shall  be  the 
duty  of  the  general  assembly,  as  soon  as  may  be,  to  provide  effectual 
means  for  the  improvement  and  permanent  security  of  the  funds  of 
said  university. 

SEC.  6.  Agents  of  school  funds.  The  financial  agents  of  the  school 
funds  shall  be  the  same  that,  by  law,  receive  and  control  the  state  and 
county  revenue,  for  other  civil  purposes,  under  such  regulations  as  may 
be  provided  by  law. 

SEC.  7.  Distribution.  The  money  subject  to  the  support  and  main- 
tenance of  common  schools  shall  be  distributed  to  the  districts  in  pro- 
portion to  the  number  of  youths,  between  the  ages  of  five  and  twenty-one 
years,  in  such  manner  as  may  be  provided  by  the  general  assembly. 

An  act  providing  for  'a  different  method  of  distribution  of  the  school 
fund,  held  unconstitutional  as  in  conflict  with  the  above  section.  Dist.  Tp.  v. 
County  Judge,  13  Iowa,  250. 


THE   STATE   UNIVERSITY. 

SECTION  2635.  Board  of  regents — powers.  The  state  university  shall 
be  governed  by  a  board  of  regents,  of  which  the  governor  and  superin- 
tendent of  public  instruction  shall  be  members  by  virtue  of  office,  and  the 
governor  president,  which  shall  meet  at  such  times  as  it  may  appoint, 
and  the  governor  may  call  special  meetings  when  found  expedient,  or 
they  may  be  called  by  the  secretary  of  the  board  upon  the  written  re- 
quest of  any  three  members  thereof.  It  shall  elect  a  secretary  and 
treasurer,  who  shall  hold  their  offices  at  the  pleasure  of  the  board.  It 
shall  have  power  to  appoint  a  president  and  the  requisite  number  of 
professors  and  tutors,  with  such  other  officers  as  it  may  deem  expedient, 
and  fix  the  compensation  to  be  paid  them,  including  that  of  the  secretary 
and  treasurer,  and  the  amount'  to  be  paid  for  tuition.  It  shall  have 
power  to  remove  any  officer  or  employe  connected  with  the  university 
when  in  its  judgment  the  good  of  the  institution  so  requires.  [21  G.  A., 
ch.  181;  16  G.  A.,  ch.  147;  C.  '73,  §§  1587,  1590,  1592-3,  1596;  R.,  § 

1934.] 

*•*.••        ••••*••• 

SEC.  2639.    Apparatus — library — cabinet  of  natural  history.    The 

board  of  regents  may  from  time  to  time  expend  of  the  income  of  the 
university  fund  such  portion  as  it  may  find  expedient  in  the  purchase  of 
apparatus,  library,  and  a  cabinet  of  natural  history,  to  provide  suitable 
means  to  preserve  and  keep  the  same,  and  in  procuring  other  necessary 


120  SCHOOL  LAWS   OF   IOWA. 

facilities  for  giving  instruction.  For  the  purpose  of  supplying  a  cabinet 
of  natural  history,  all  geological  and  mineralogical  specimens  which  are 
now  or  may  hereafter  be  collected  by  the  state  geologists,  or  by  others 
appointed  by  the  state  to  investigate  its  natural  history  and  physical 
resources,  shall  belong  to  and  be  the  property  of  the  university,  under 
the  charge  of  the  professors  of  those  departments.  [C.  '73,  §§  1597-8; 
E.,  §§  1931,  1935.] 

SEC.  2640.  Object — departments — degrees.  The  university  shall 
never  be  under  the  exclusive  control  of  any  religious  denomination.  Its 
object  shall  be  to  provide  the  best  and  most  efficient  means  of  imparting 
to  men  and  women,  upon  equal  terms,  a  liberal  education  and  thorough 
knowledge  of  the  different  branches  of  literature  and  the  arts  and 
sciences,  "with  their  varied  applications.  It  shall  include  a  collegiate, 
law,  and  such  other  departments,  with  such  courses  of  instruction  and 
elective  studies,  as  the  board  of  regents  may  determine,  beginning  the 
same  in  its  collegiate  department,  so  far  as  practicable,  at  the  points 
where  the  same  are  completed  in  high  schools;  and  no  pne  shall  be  ad- 
mitted who  has  not  completed  the  elementary  studies  in  such  branches  as 
are  taught  in  the  common  schools  throughout  the  state.  Graduates  in 
each  of  the  several  courses  shall  receive  such  degrees  and  diplomas  or 
other  marks  of  distinction  as  the  board  of  regents  may  determine  and 
such  as  are  usually  conferred  and  granted  by  other  universities.  [C.  '73, 
§•§  1585-6,  1589;  R.,  §§  1926,  1930;  C.  '51,  §  1020.] 

SEC.  2641.  Reports.  On  the  first  day  of  October  preceding  the 
meeting  of  the  general  assembly,  the  president  of  the  university  shall 
make  a  report  to  the  board  of  regents,  which  shall  exhibit  the  condition 
and  progress  of  the  institution,  the  different  courses  of  study  pursued, 
the  branches  taught,  the  means  and  methods  of  instruction  adopted,  the 
number  of  students,  their  names,  classes,  and  residences,  with  such  other 
matters  as  he  may  regard  important.  The  board  of  regents,  on  the 
fifteenth  day  of  October  in  each  even  numbered  year,  shall  make  report 
to  the  governor,  which  report  shall  show  the  number  of  professors,  tutors, 
and  other  officers,  the  compensation  of  each,  the  condition  of  the  univer- 
sity fund,  the  income  received  therefrom,  the  amount  of  expenditures 
with  the  items  thereof,  and  such  other  information  and  such  recommen- 
dations as  it  shall  regard  important.  [31  G.  A.,  ch.  123 ;  22  G.  A.,  ch. 
82,  §  29;  C.  '73,  §§  1600-1.] 

NOTE:     Reports.     See  also  section  2682-b,  page  125. 
ft*********** 


THE   STATE   COLLEGE  OP  AGRICULTURE   AND   MECHANIC   ARTS. 
Act  of  Congress,  July  2,  1862. 

AN  ACT  donating  public  lands  to  the  several  states  and  territories  which  may 
provide  colleges  for  the  benefit  of  agriculture  and  mechanic  arts. 

SECTION  1.  That  there  be  granted  to  the  several  states  for  the 
purpose  hereinafter  named,  an  amount  of  the  public  land,  to  be  appor- 
tioned to  each  state,  a  quantity  equal  to  thirty  thousand  acres  for  each 
senator  and  representative  in  congress  to  which  the  states  are  respec- 


SCHOOL   LAWS   OF   IOWA.  121 

tively  entitled,  by  the  apportionment  under  the  census  of  1860 ;  provided, 
that  no  mineral  lands  shall  be  selected  under  the  provisions  of  this 
act. 

SEC.  2.  That  the  land  aforesaid,  after  being  surveyed,  shall  be  ap- 
portioned to  the  several  states  in  sections  or  sub-divisions  of  sections, 
not  less  than  one-quarter  of  a  section;  and  whenever  there  are  public 
lands  in  a  state  subject  to  sale  at  private  entry  at  one  dollar  and  twenty- 
five  cents  per  acre,  the  quantity  to  which  said  state  shall  be  entitled 
shall  be  selected  from  such  lands  within  the  limits  of  such  state,  and 
the  Secretary  of  the  interior  is  hereby  directed  to  issue  to  each  of  the 
states  in  which  there  is  not  the  quantity  of  public  lands  subject  to  sale 
at  private  entry  at  one  dollar  and  twenty-five  cents  per  acre,  to  which 
said  state  may  be  entitled  under  this  act,  land  scrip  to  the  amount  in 
acres  for  the  deficiency  of  its  distributive  share;  said  scrip  to  be  sold 
by  said  states  and  the  proceeds  thereof  to  be  applied  to  the  uses  and 
purposes  prescribed  in  this  act,  and  for  no  other  purpose  whatever; 
provided,  that  in  no  case  shall  any  state  to  which  land  scrip  may  thus 
be  issued,  be  allowed  to  locate  the  same  within  the  limits  of  any  other 
state,  or  of  any  territory  of  the  United  States,  but  their  assignees  may 
thus  locate  said  land  scrip  upon  any  of  the  unappropriated  lands  of  the 
United  States  subject  to  sale  at  private  entry  at  one  dollar  and  twenty- 
five  cents  or  less  per  acre;  and  provided  further,  that  not  more  than 
one  million  acres  shall  be  located  by  such  assignees,  in  any  one  of  the 
states ;  and  provided  further,  that  no  such  location  shall  be  made  before 
one  year  from  the  passage  of  this  act. 

SEC.  3.  That  all  the  expenses  of  management,  superintendence,  and 
taxes  from  date  of  selection  of  said  lands  previous  to  their  sale,  and  all 
the  expenses  incurred  in  the  management  and  disbursement  of  the 
moneys  which  may  be  received  therefrom,  shall  be  paid  by  the  state  to 
which  they  may  belong,  out  of  the  treasury  of  said  state,  so  that  the 
entire  proceeds  of  the  sales  of  said  lands  shall  be  applied  without  any 
diminution  whatever  to  the  purposes  hereinafter  mentioned. 

SEC.  4.  That  all  moneys  derived  from  the  sale  of  the  lands  afore- 
said by  the  states  to  which  the  lands  are  apportioned,  and  from  the  sale 
of  land  scrip  hereinbefore  provided  for,  shall  be  invested  in  the  stocks 
of  the  United  States,  or  of  the  states,  or  of  some  other  safe  stocks,  yield- 
ing not  less  than  five  per  centum  upon  the  par  value  of  said  stocks ;  and 
that  the  money  so  invested  shall  constitute  a  perpetual  fund,  the  capital 
of  which  shall  remain  forever  undiminished  (except  so  far  as  may  be 
provided  in  section  fifth  of  this  act),  and  the  interest  of  which  shall 
be  inviolably  appropriated  by  each  state,  which  may  take  and  claim  the 
benefit  of  this  act,  to  the  endowment,  support,  and  maintenance,  of  at 
least  one  college,  where  the  leading  object  shall  be,  without  excluding 
other  scientific  and  classical  studies,  and  including  military  tactics,  to 
teach  such  branches  of  learning  as  are  related  to  agriculture  and  the 
mechanic  arts,  in  such  manner  as  the  legislatures  of  the  states  may  re- 
spectively prescribe,  in  order  to  promote  the  liberal  and  practical  educa- 
tion of  the  industrial  classes  in  the  several  pursuits  and  professions  of 
life. 


122  SCHOOL  LAWS  OF  IOWA. 

[Chapter  108,  Statutes  at  Large,  47th  Congress,  approved  April  26,  1882, 
amends  this  section  "so  as  to  permit  the  state  of  Iowa,  which  has  provided  a 
college  in  accordance  with  this  act,  to  loan  endowment  fund  belonging  to  said 
college,  upon  real  estate  security,  under  such  rules  and  regulations  as  the 
General  Assembly  shall  hereafter  provide.] 

SEC.  5.  And  be  it  further  enacted,  That  the  grant  of  land  and 
land  scrip  hereby  authorized  shall  be  made  on  the  following  conditions, 
to  which,  as  well  as  to  the  provisions  hereinbefore  contained,  the  previous 
assent  of  the  several  states  shall  be  signified  by  legislative  acts : 

First — If  any  portion  of  the  fund  invested  as  provided  by  the  fore- 
going section,  or  any  portion  of  the  interest  thereon  shall,  by  any  action 
or  contingency,  be  diminished  or  lost,  it  shall  be  replaced  by  the  state 
to  which  it  belongs,  so  that  the  capital  of  the  fund  shall  remain  forever 
undiminished,  and  the  annual  interest  shall  be  regularly  applied,  without 
diminution,  to  the  purposes  mentioned  in  the  fourth  section  of  this  act, 
except  that  a  sum  not  exceeding  ten  per  centum  upon  the  amount  re- 
ceived by  any  state  under  the  provisions  of  this  act  may  be  expended  for 
the  purchase  of  lands  for  sites  or  experimental  farms,  whenever  author- 
ized by  the  respective  legislatures  of  said  states. 

i 

LAWS  OF  IOWA. 

SECTION  2645.  Grant  accepted.  Legislative  assent  is  given  to  the 
purposes  of  the  various  congressional  grants  to  the  state  for  the  endow- 
ment and  support  of  a  college  of  agriculture  and  mechanic  arts,  and  an 
agricultural  experiment  station  as  a  department  thereof,  upon  the  terms, 
conditions  and  restrictions  contained  in  all  acts  of  congress  relating 
thereto,  and  the  state  assumes  the  duties,  obligations  and  responsibilities 
thereby  imposed.  All  moneys  appropriated  by  the  state  because  of  the 
obligations  thus  assumed,  and  all  funds  arising  from  said  congressional 
grants,  shall  be  invested  or  expended  in  accordance  with  the  provision  of 
such  grant,  for  the  use  and  support  of  said  college  located  at  Ames. 
[24  G.  A.,  ch.  6;  20  G.  A.,  ch.  76,  §  1;  C.  '73,  §  1604;  E.,  §  1714.] 

SEC.  2646.  Board  of  trustees.  The  college  shall  be  under  the  con- 
trol and  management  of  a  board  of  trustees  of  which  the  governor  and 
superintendent  of  public  instruction  shall  be  members,  by  virtue  of 
office;  but  neither  the  president  nor  other  officer  or  employe  of  the  col- 
lege and  farm  shall  be  eligible  to  membership  therein.  [27  G.  A.,  ch. 

76;  20  G.  A.,  ch.  76,  §  1;  C.  '73,  §  1604;  E.,  §  1714.] 

************ 

SEC.  2648.  Courses  of  study.  There  shall  be  adopted  and  taught 
practical  courses  of  study  embracing  in  their  leading  branches  such  as 
relate  to  agriculture  and  the  mechanic  arts,  and  such  other  branches  as 
are  best  calculated  to  thoroughly  educate  the  agricultural  and  industrial 
classes  in  the  several  pursuits  and  professions  of  life,  including  military 
tactics,  and,  as  a  separate  department,  a  school  of  mines,  in  which  a 
complete  course  in  theoretical  and  practical  mining  in  its  different 
branches  shall  be  taught.  [25  G.  A.,  ch.  107 ;  20  G.  A.,  ch.  27 ;  C.  '73, 
§  1621.] 

SEC.  2649.  Tuition — admission.  Tuition  in  the  college  herein  es- 
tablished shall  be  forever  free  to  pupils  from  the  state-  over  sixteen 


SCHOOL  LAWS   OF   IOWA.  123 

years  of  age,  who  have  been  residents  of  this  state  six  months  previous 
to  their  admission.  Each  county  in  this  state  shall  have  a  prior  right 
to  tuition  for  three  scholars  from  such  county;  the  remainder,  equal  to 
the  capacity  of  the  college,  shall  be  by  the  trustees  distributed  among 
the  counties  in  proportion  to  the  population,  subject  to  the  above  rule. 
Transient  scholars  otherwise  qualified,  may  at  all  times  receive  tuition. 

[C.  '73,  §  1619.] 

#***********. 

SEC.  2651.  President.  The  president  shall  manage  and  control  the 
affairs  of  the  college  and  farm,  subject  to  such  rules  as  may  be  pre- 
scribed by  the  board  of  trustees,  and  shall  report  to  it  at  its  annual  meet- 
ing, and  at  such  other  times  as  it  directs,  all  his  acts  and  the  condition 
of  the  several  departments,  with  his  recommendations  for  the  future 
management  thereof.  [C.  73,  §  1611.] 

SEC,  2652.  Secretary.  The  secretary  shall  keep  a  record  of  the 
proceedings  of  the  board,  and  all  documents  and  papers  connected  with 
the  office,  and  conduct  the  correspondence.  All  acts  of  the  board  re- 
lating to  the  management,  disposition,  or  use  of  the  lands,  funds  or 
other  property  of  the  institution  shall  be  entered  of  record,  and  show 
how  each  member  voted  upon  each  proposition.  He  shall  also  prepare 
the  biennial  report  of  the  board  to  the  governor ;  and  report  to  the  execu- 
tive council  annually,  and  at  such  other  times  as  may  be  required  by  it, 
all  loans  made  since  his  last  report  to  it ;  and  also,  to  the  board,  all  loans 
made  since  its  last  meeting,  unless  otherwise  ordered;  but  such  reports 
must  be  made  at  least  quarterly.  Upon  the  election  of  any  person  to  any 
office  under  the  board,  he  shall  give  notice  thereof  to  the  secretary  of 
state.  He  shall  also  keep  an  account  with  the  treasurer,  charging  him 
with  all  money  paid  him,  and  crediting  him  with  the  amounts  paid  out 
upon  the  order  of  the  board  of  audit,  which  account  shall  be  balanced 

monthly.     [20  G.  A.,  ch.  193,  §  4;  C.  73,  §'  1612.] 

************ 

NOTE:     Reports.     See  also  section  2682-b,  page  125. 

SEC.  2673.  Sale  of  liquors.  No  person  shall  open,  maintain  or 
conduct  any  shop  or  other  place  for  the  sale  of  wine,  beer  or  spirituous 
liquors,  or  sell  the  same  at  any  place  within  a  distance  of  three  miles 
from  the  agricultural  college  and  farm ;  provided,  that  the  same  may  be 
sold  for  sacramental,  mechanical,  medical  or  culinary  purposes;  and 
any  person  violating  the  provisions  of  this  section  shall  be  punished  on 
conviction  by  any  court  of  competent  jurisdiction,  by  a  fine  not  exceed- 
ing fifty  dollars  for  each  offense,  or  by  imprisonment  in  the  county  jail 
for  a  term  not  exceeding  thirty  days,  or  by  both  such  fine  and  imprison- 
ment. [C.  '73,  §  1620.] 


THE  NORMAL  SCHOOL. 


SECTION  2675.  Board  of  trustees — officers.  The  normal  school  at 
Cedar  Falls,  for  the  special  instruction  and  training  of  teachers  for  the 
common  schools,  shall  be  under  the  management  and  control  of  a  board 
of  trustees,  of  which  the  superintendent  of  public  instruction  shall  be, 
by  virtue  of  office,  a  member  and  president.  It  shall  meet  annually  on 


124  SCHOOL  LAWS   OF  IOWA. 

or  before  June  fifteenth,  at  the  call  of  the  president,  and  organize  by  the 
election  of  one  of  its  members  vice-president,  and  a  secretary  and  treas- 
urer, neither  of  the  latter  to  be  a  member  of  the  board.  The  treasurer 
shall  give  bond  in  the  sum  of  twenty  thousand  dollars,  with  good  and 
sufficient  sureties,  to  be  filed  with  and  approved  by  the  secretary  of  state, 
which  bond  shall  be  conditioned  for  the  safe  keeping  and  proper  dis- 
bursement of  all  money  coming  into  his  hands  by  virtue  of  his  office. 
[16  G.  A.,  ch.  129,  §§  1,  4.] 

SEC.  2676.  Powers  of  board — admissions — fees.  The  board  shall 
have  power  to  employ  a  sufficient  number  of  suitable  and  competent 
teachers  and  other  assistants ;  fix  their  compensation ;  make  all  necessary 
rules  and  regulations  for  the  management  of  the  school,  the  admission 
of  pupils  from  the  several  counties  in  the  state,  giving  to  each  county 
its  proper  representation  therein  in  proportion  to  the  population  thereof, 
and  to  all  teachers  in  the  state  equal  rights,  requiring  that  each  one 
received  as  a  pupil  shall  furnish  satisfactory  evidence  of  good  moral 
character  and  the  honest  intention  of  following  the  business  of  teaching 
school  in  the  state ;  and  make  such  arrangements  as  it  may  for  the  lodg- 
ing and  boarding  of  pupils-,  which  shall  be  paid  for  by  them.  It  may 
charge  a  fee  for  contingent  expenses  not  to  exceed  one  dollar  monthly, 
and  a  tuition  fee  of  not  more  than  six  dollars  a  term,  if  necessary  for 
the  proper  support  of  the  institution,  and  shall  determine  what  part  of 
the  year  the  school  shall  be  open,  its  sessions  to  continue,  however,  for 
at  least  twenty-six  weeks  of  each  year.  [17  G.  A.,  ch.  142,  §  2;  16  G. 
A.,  ch.  129,  §  5.] 

SEC.  2677.  Branches  of  study.  Physiology  and  hygiene  shall  be 
included  in  the  branches  of  study  regularly  taught  to  and  studied  by  all 
pupils  in  the  school,  and  special  reference  shall  be  made  to  the  effect  of 
alcoholic  drinks,  stimulants  and  narcotics  upon  the  human  system,  and 
the  board  of  trustees  shall  provide  the  means  for  the  enforcement  of 
the  provisions  of  this  section  and  see  that  they  are  obeyed.  [25  G.  A., 
ch.  1,  §  1.]. 

SEC.  2678.  Contract  with  school  districts.  The  board  of  trustees 
may  contract  with  the  board  of  directors  of  the  school  township  or  in- 
dependent district  in  which  the  school  is  situated,  and  those  contiguous 
thereto,  for  a  period  not  exceeding  two  years  at  a  time,  to  receive  the 
pupils  thereof  into  the  normal  school  and  furnish  them  with  instruction, 
payment  therefor  to  be  made  out  of  the  teachers'  fund  of  such  town- 
ships or  districts,  which  shall  not  exceed  fifty  cents,  weekly,  for  each 
pupil;  the  contract  to  be  in  writing,  and  a  copy  filed  with  the  county 
superintendent.  [25  G.  A.,  ch.  40,  §§  1-3.] 

SEC.  2679.  Teachers'  reports — tuition.  If  such  a  contract  is 
entered  into,  all  reports  required  by  law  to  be  made  to  the  board  of 
directors  of  such  townships  or  districts  and  the .  county  superintend- 
ent, by  the  teachers  thereof,  shall  be  made  by  the  principal  of  the 
normal  school,  and  all  sums  paid  for  tuition  shall  go  to  its  contingent 
fund.  [Same,  §§  3,  4.] 

SEC.  2680.  Report  to  governor.  The  board  shall  biennially, 
through  its  secretary,  make  a  detailed  report  to  the  governor  of  its  pro- 
ceedings during  the  preceding  two  years,  which  report  shall  show  the 


SCHOOL,  LAWS  OF  IOWA.  125 

number  of  teachers  employed,  the  compensation  of  each,  the  number  of 
pupils  and  classification,  an  itemized  statement  of  receipts  and  expendi- 
tures, and  such  further  information  with  such  recommendations  as  may 
be  regarded  important  to  the  interests  of  the  institution,  and  with  refer- 
ence to  its  connection  with  the  educational  work  of  the  state.  Provided 
that  the  report  made  in  the  year  1906  shall  cover  the  period  only  from 
the  dates  of  its  last  biennial  report.  [31  G.  A.,  ch.  125 ;  22  G.  A.,  ch.  64, 
§  2;  16  G.  A.,  ch.  129,  §  9.] 

NOTE:     Reports.     See  section  2682-b,  below. 

SEC.  2681.  Compensation  of  officers.  The  secretary  of  the  board 
shall  receive  such  compensation  as  may  be  fixed  by  it,  not  exceeding  one 
hundred  dollars  annually,  with  actual  traveling  expenses.  The  treas- 
urer shall  be  allowed  only  his  actual  traveling  expenses,  the  claim  for 
which,  as  well  as  that  of  the  secretary,  to  be  itemized  and  verified 
before  it  is  allowed  and  paid  which  shall  be  done  out  of  the  state 
treasury  upon  the  warrant  of  the  state  auditor.  [22  G.  A.,  ch.  64,  §  1 ; 
16  G.  A.,  ch.  129,  §  2.] 

SEC.  2682.  Appropriation.  There  is  hereby  appropriated  the  sum 
of  twenty-eight  thousand  five  hundred  dollars  annually  as  an  endow- 
ment fund  for  the  payment  of  the  teachers  of  said  normal  school,  and 
the  further  sum  of  nine  thousand  dollars  annually  as  a  contingent  fund 
therefor.  The  amount  herein  appropriated  shall  be  drawn  and  paid 
quarterly  on  the  first  days  of  March,  June,  September  and  December,  on 
the  requisition  of  the  board  of  trustees  of  the  school.  [27  G.  A.,  ch.  77.] 

SECTION  2682-b.  Reports — what  to  contain.  That  the  secretary  of  the 
state  university,  the  secretary  of  the  state  college  of  agriculture  and 
mechanic  arts,  and  the  secretary  of  the  state  normal  school  be  required 
hereafter  to  make  report  to  each  general  assembly  within  three  days 
after  the  said  general  assembly  shall  have  convened.  Said  reports  shall 
show  in  plain  manner  the  amount  available  each  fiscal  year  from  state 
appropriations  and  all  other  sources,  for  the  erection,  equipment,  im- 
provement and  repair  of  buildings,  also  the  funds  received  from  state 
appropriations,  interest  on  endowment  funds,  tuition,  laboratory  fees, 
janitor  fees,  donations,  rent  of  lands  and  from  all  sources  whatsoever, 
going  to  affect  the  annual  income  of  the  support  funds  of  said  institu- 
tions. Any  appropriation  of  funds  received  for  any  special  purpose 
whatsoever  shall  also  be  reported.  Hospital  receipts  and  sales  of  depart- 
ments shall  be  listed  separately.  The  report  shall  show  how  the  moneys 
thus  received  were  expended,  giving  under  separate  heads  the  cost  of 
instruction,  administration,  maintenance  and  equipment  of  departments, 
and  the  general  expenses  of  the  institutions.  It  shall  clearly  state  the 
number  of  professors,  instructors,  fellows  and  tutors,  and  the  number 
of  students  enrolled  in  each  course  during  each  year  of  the  biennial 
period.  Students  attending  the  short  courses  shall  be  reported  sepa- 
rately. The  amount  of  unexpended  balances  of  departments,  remaining 
in  the  hands  of  the  treasurer,  and  the  amounts  undrawn  from  the  state 
treasury  on  the  thirtieth  of  June  of  the  last  year  of  the  biennial  period 
shall  be  given.  The  report  of  the  secretary  of  the  state  college  of  agri- 
culture and  mechanic  arts  shall  also  show  the  receipts  of  the  experiment 
station  from  all  sources  for  each  fiscal  year  and  how  such  funds  were 
expended,  [30  G,  A.,  ch.  104,1 


126  SCHOOL   LAWS   OF   IOWA. 

COUNTY   HIGH   SCHOOLS. 

SECTION  2728.  How  established.  Any  county  may  establish  a  high 
school  in  the  following  manner:  When  the  board  of  supervisors  shall 
be  presented  with  a  petition  signed  by  one-third  of  the  electors  of  the 
county  as  shown  by  the  returns  of  the  last  preceding  election,  request- 
ing the  establishment  of  a  county  high  school  at  a  place  in  the  county 
named  therein,  it  shall  submit  the  question,  together  with  the  amount 
of  tax  to  be  levied  to  erect  the  necessary  buildings,  at  the  next  general 
election  to  be  held  in  the  county,  or  at  a  special  one  called  for  that  pur- 
pose, first  giving  twenty  days'  notice  thereof  in  one  or  more  newspapers 
published  in  the  county,  if  any  be  published  therein,  and  by  posting  such 
notice,  written  or  printed,  in  each  township  of  the  county,  at  which 
election  the  vote  shall  be  by  ballot,  for  or  against  establishing  the  high 
school,  and  for  or  against  the  levying  of  the  tax,  the  vote  to  be  can- 
vassed in  the  same  manner  as  that  for  county  officers.  Should  a  majority 
of  all  the  votes  cast  upon  the  ouestion  be  in  favor  of  establishing  such 
school,  and  the  levying  of  such  tax,  the  board  of  supervisors  shall  at 
once  appoint  six  trustees,  residents  of  the  county,  not  more  than  two 
from  the  same  township,  who,  with  the  county  superintendent  of  com- 
mon schools  as  president,  shall  constitute  a  board  of  trustees  for  said 
high  school.  [27  G.  A.,  ch.  84,  §  1;  C.  73,  §  1697-9,  1.701.] 

SEC.  2729.  Trustees — officers.  The  trustees,  within  ten  days  after 
appointment,  shall  qualify  by  taking  the  oath  of  civil  officers,  and  giving 
bond  in  such  sum  as  the  board  of  supervisors  may  require,  with  sureties 
to  be  approved  by  it,  and  shall  hold  office  until  their  successors  are 
elected  and  qualified,  who  shall  be  elected  at  the  general  election  follow- 
ing. The  trustees,  then  elected,  shall  be  divided  into  two  Masses  of 
three  each,  and  hold  their  office  two  and  four  years,  -respectively,  their 
several  terms  to  be  decided  by  lot ;  and  in  all  county  high  schools  hereto- 
fore established  the  terms  of  all  trustees  thereof  shall  expire  on  the  first 
d.ay  of  January,  1907,  and  at  the  general  election  in  1906  there  shall  be 
six  trustees  elected  for  each  of  said  county  high  schools,  three  of  whom 
shall  be  elected  for  two  years,  and  three  of  whom  for  four  years,  and  at 
each  general  election  thereafter  three  trustees  shall  be  elected  for  the 
term  of  four  years ;  the  trustees  so  elected  to  qualify  in  the  same  manner 
and  at  the  same  time  as  other  county  officers  and  all  vacancies  occurring 
to  be  filled  by  appointment  by  the  board  of  supervisors,  the  appointee 
to  hold  the  office  until  the  next  general  election,  and  a  majority  of 
which  trustees  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. At  the  first  meeting  held  in  each  year,  the  board  shall  appoint  a 
secretary  and  treasurer  from  their  own  number,  who  shall  perform  the 
usual  duties  devolving  upon  like  officers.  The  treasurer,  in  addition  to 
his  bond  as  trustee,  shall  give  one  as  treasurer,  in  such  sum  and  with 
such  sureties  as  may  be  fixed  by  the  board,  and  receive  all  moneys  from 
all  sources  belonging  to  the  funds  of  the  school,  and  pay  them  out  as 
directed  by  the  board  of  trustees,  upon  orders  drawn  by  the  president 
and  countersigned  by  the  secretary ;  both  of  which  officers  shall  keep  an 
accurate  account  of  all  moneys  received  and  paid  out,  and  at  the  close 
of  each  year,  and  whenever  required  by  the  board,  shall  make  a  full 
itemized  and  detailed  report.  [31  G.  A.,  ch.  135;  C.  '73,  §§  1699,  1700, 
1704,  1711.] 


SCHOOL  LAWS   OF   IOWA.  127 

SEC.  2730.  Site — tax.  As  soon  as  convenient  after  the  organization 
of  the  board,  it  shall  proceed  to  select  the  best  site  that  can  be  ob- 
tained without  expense  to  the  county,  at  the  place  named  in  the  petition 
upon  which  the  vote  was  taken,  for  the  erection  of  the  necessary  school 
buildings,  the  title  to  be  taken  in  the  name  of  the  county,  and  shall  pro- 
cure plans  and  specifications  for  the  erection  of  such  buildings,  and 
make  all  necessary  contracts  for  the  erection  of  the  same,  the  cost  of 
which,  when  completed,  shall  not  exceed  the  amount  of  the  tax  so  levied 
therefor.  They  shall  also  annually  make  and  certify  to  the  board  of 
supervisors  on  or  before  the  first  Monday  of  September  of  each  year,  an 
estimate  of  the  amount  of  funds  needed  for  improvements,  teachers' 
wages  and  contingent  expenses  for  the  ensuing  year,  designating  the 
amount  for  each,  which,  in  the  aggregate  shall  not  exceed,  in  any  one 
year,  two  mills  on  the  dollar,  upon  the  taxable  property  of  the  county. 
No  expenditures  for  buildings  or  other  improvements  shall  be  made,  or 
contract  entered  into  therefor,  by  said  board,  involving  an  outlay  of  to 
exceed  five  hundred  dollars  in  any  one  year,  without  the  same  first  being 
submitted  to  the  electors  of  the  county  in  which  said  school  be  located, 
for  their  approval ;  the  tax  to  be  levied  and  collected  in  the  same  manner 
as  other  county  taxes,  and  paid  over  by  the  county  treasurer  in  the  same 
manner  as  school  funds  are  paid  to  district  treasurers.  [27  G.  A.,  ch. 
84,  §  2;  C.  '73,  §§  1702-3,  1705.] 

SEC.  2731.  Buildings — management.  Said  board  shall  make  no 
purchases,  nor  enter  into  any  contracts  in  any  year,  in  excess  of  the 
funds  on  hand  and  to  be  raised  by  the  levy  of  that  year.  It  shall  em- 
ploy, when  suitable  buildings  have  been  furnished,  a  competent  principal 
teacher  to  take  charge  of  the  school,  and  such  assistant  teachers  as  may 
be  necessary,  and  fix  the  salaries  to  be  paid  them,  and  in  the  conduct  of 
the  school  may  employ  advanced  students  to  assist  in  the  work.  Annual 
reports  shall  be  made  by  the  secretary  to  the  board  of  supervisors,  which 
report  shall  give  the  number  of  students,  with  the  sex  of  each,  who  have 
been  in  attendance  during  the  year,  the  branches  taught,  the  text-books 
used,  number  of  teachers  employed,  salary  paid  to  eav*:,  amount  ex- 
pended for  library,  apparatus,  buildings  and  all  other  expenses,  the 
amount  of  funds  on  hand,  debts1  contracted,  and  such  other  information 
as  may  be  deemed  important,  and  this  report  shall  be  printed  in  at 
least  one  newspaper  in  the  county,  if  any  is  published  therein,  and  a 
copy  forwarded  to  the  superintendent  of  public  instruction.  And  for 
their  services  the  trustees  shall  each  receive  the  sum  of  two  dollars  per 
day  for  the  time  actually  employed  in  the  discharge  of  official  duties, 
claims  for  services  to  be  presented,  audited,  and  paid  out  of  the  county 
treasury,  in  the  same  manner  as  other  accounts  against  the  county.  [27 
G.  A.,  ch.  84,  §  3;  C.  '73,  §§  1705-6,  1710,  1712.] 

SEC.  2732.  Regulations.  The  principal  of  any  such  high  school, 
with  the  approval  of  the  board  of  trustees,  shall  make  such  rules  and 
regulations  as  is  deemed  proper  in  regard  to  the  studies,  conduct  and 
government  of  the  pupils;  and  any  pupil  who  will  not  conform  to  and 
obey  such  rules  may  be  suspended  or  expelled  therefrom  by  the  board 
of  trustees.  Said  board  of  trustees  shall  make  all  necessary  rules  and 
regulations  in  regard  to  the  age  and  grade  of  attainments  necessary  to 


128  SCHOOL  LAWS   OF   IOWA. 

entitle  pupils  to  admission  into  the  school,  and  shall,  on  or  before  the 
tenth  day  of  July  of  each  year  make  an  apportionment  between  the 
different  school  corporations  of  the  county,  of  the  pupils  that  shall 
attend  said  school,  and  shall  apportion  to  each  of  said  school  corporations 
its  proportionate  number,  based  upon  the  number  of  pupils  that  can  be 
reasonably  accommodated  in  said  school,  and  the  number  of  pupils  of 
school  age,  actual  residents  of  such  school  corporations,  as  shown  by  the 
county  superintendent's  report  last  filed  with  the  county  auditor,  of  said 
county;  said  apportionment  shall  be  published  in  the  official  papers  of 
such  county,  to  be  paid  for,  as  other  county  printing;  pupils  from  the 
said  school  corporations  to  the  number  so  designated  in  such  apportion- 
ment, shall  be  entitled  to  admission  into  said  school,  tuition  free,  and 
none  others,  and  it  shall  be  unlawful  to  accredit  pupils  so  attending  to 
any  other  school  corporation,  than  the  one  in  which  they  are  enumerated 
for  school  purposes.  Should  there  be  more  applicants  for  such  admis- 
sion from  any  school  corporation  than  its  proportionate  number,  so  de- 
termined, then  the  board  of  directors  of  such  school  corporation  shall 
designate  which  of  said  applicants  shall  be  entitled  to  so  attend.  If  the 
school  shall  be  capable  of  accommodating  more  pupils  than  those  attend- 
ing under  such  apportionment,  others  may  be  admitted  by  the  board  of 
trustees,  preference  at  all  times  being  given  to  pupils  desiring  such 
admission,  who  are  residents  of  the  county.  The  board  of  trustees  shall 
fix  reasonable  tuition  for  such  pupils.  If  such  pupils  are  residents  of 
the  county  the  school  corporation  from  which  they  attend  shall  pay  their 
tuition  out  of  its  contingent  fund.  The  principal  of  such  high  school 
shall  report  to  the  said  board  of  trustees  under  oath,  at  the  close  of  each 
term  the  names  and  number  of  pupils  attending  such  school  during  said 
term,  from  what  school  corporation  they  attended,  and  the  amount  of 
tuition,  if  any,  paid  by  each,  the  same  to  be  included  in  the  annual  re- 
port of  the  secretary  of  the  board  of  trustees  to  the  board  of  super- 
visors, provided  for  in  section  twenty-seven  hundred  and  thirty-one 
(2731)  of  the  code.  The  tuition  so  paid  to  be  turned  over  to  the  treas- 
urer of  the  board  of  trustees  to  be  used  in  paying  the  expenses  of  said 
school  under  the  direction  of  said  board.  [27  G.  A.,  ch.  84,  §  4;  C.  73, 
§  1709.] 

SEC.  2733.  Petitions  to  abolish — election.  Whenever  citizens  of 
any  county  having  a  county  high  school  desire  to  abolish  the  same  or 
to  dispose  of  any  part  of  the  buildings  or  property  thereof,  they  may 
petition  the  board  of  supervisors  at  any  regular  session  thereof  in  rela- 
tion thereto,  and  sections  three  hundred  and  ninety-seven  (397),  three 
hundred  and  ninety-eight  (398),  three  hundred  and  ninety-nine  (399) 
and  four  hundred  (400)  of  the  code  shall  apply  to  and  govern  the  whole 
matter,  including  the  manner  of  presenting  and  determining  the  suffi- 
ciency of  such  petitions  and  remonstrances  thereto  so  far  as  applicable. 
If  an  election  is  ordered  the  same  shall  be  held  at  the  time  of  the  general 
election  or  at  a  special  election  called  for  that  purpose  and  the  proposi- 
tion shall  be  submitted  and  the  election  conducted  in  the  manner  pro- 
vided in  title  six  (6)  of  the  code.  If  any  proposition  as  herein  provided 
be  legally  submitted  and  adopted,  the  board  of  supervisors  is  hereby 
empowered  to  carry  the  same  into  effect.  [27  G.  A.,  ch.  84,  §  5;  C.  '73, 
§§  1707-8.] 


INDEX  129 


INDEX  TO  LAWS. 


ACCOUNTS,  by  educational  board  of  examiners,  2633;  by  trustees  normal  school, 
2680;  by  county  high  school,  2729;  of  applicants  examined,  2734-p;  of  regis- 
tration fees,  2734-q;  of  institute  fund,  2738;  kept  by  secretary,  2761;  kept 
by  treasurer,  2768;  audited  by  board,  2780;  for  attendance,  certified  to 
county  auditor,  2803;  kept  by  county  auditor,  2808;  of  bonds  sold,  kept  by 
treasurer,  2812-f;  kept  by  county  board  of  education,  2833. 

ACRE,  site  taken  by  condemnation,  may  or  may  not  exceed,  2814. 
ADJOURNMENT,  less  number  of  board  than  quorum  may  adjourn,  2771. 

ADVERTISEMENT,  proposals  to  build  of  $300  and  over,  must  be  invited  by,  2779; 
before  text-books  are  adopted,  2828. 

AFFIDAVIT,  of  appeal,  of  what  it  consists,  2818;  is  basis  of  appeal,  2818;  must 
be  filed  within  thirty  days,  2818;  shall  set  forth  error  complained  of  in  a 
plain  and  concise  manner,  2818. 

AGE,  of  voter  at  school  meeting,  2748;  for  enumeration,  2764;  for  free  attend- 
ance, 2773;  of  scholars  in  attendance  kept,  2789;  of  scholar,  2804;  of  per- 
sons when  compelled  to  attend  school,  2823-a. 

AGRICULTURAL  COLLEGE,  see  State  College  of  Agriculture  and  Mechanic  Arts. 

ALCOHOLIC  DRINKS  AND  NARCOTICS,  effects  of,  taught  in  normal  school,  2677; 
examination  of  teacher  must  include,  2734-d;  county  superintendent  must 
report  manner  and  extent  of  instruction  in  effects  of,  2739;  law  with 
regard  to  teaching  effects  of,  must  be  enforced,  2740;  instruction  as  to 
effects  of,  must  be  given  all  scholars,  2775. 

ANNUAL  MEETING,  held  second  (Monday  in  March,  2746;  officers  of,  2746;  voters 
at,  2747;  powers  of,  2749;  voting  at,  must  be  by  ballot,  2749;  in  independent 
districts,  2754;  notice  of,  2746;  vote  of,  must  be  executed  by  board,  2778; 
statement  of  receipts  and  expenditures  to  be  presented  at,  by  board,  2780; 
vote  tax  to  pay  judgment  indebtedness,  2811;  may  authorize  change  of 
textbooks,  2749,  paragraph  1,  2829;  may  vote  free  text-books,  2836;  may 
discontinue  loaning  of  text-books,  2837. 

APPARATUS,  value  of,  reported  to  governor,  2625;  amount  expended  for,  in 
county  high  school  reported,  2731;  value  of,  reported  by  secretary,  2765; 
may  be  purchased  with  contingent  fund,  2783. 

APPEAL,  from  decision  by  county  superintendent,  2623;  who  may  take,  2818; 
affidavit  is  basis  of,  2818;  county  superintendent  to  notify  secretary,  2819; 
secretary  to  send  up  transcript,  2819;  time  of  hearing  fixed,  2819;  inter- 
ested persons  notified,  2819;  testimony  heard  and  decision  rendered,  2819; 
decision  final  unless  appealed  from,  2819;  to  superintendent  public  instruc- 
tion, 2820;  judgment  for  money  not  to  be  rendered,  2820;  county  superin- 
tendent issues  subpoenas,  2821;  compels  attendance  of  witnesses,  2821; 
compensation  of  witnesses  in,  2821;  costs  of,  may  be  paid,  2821;  transcript 
of  costs  filed  with  clerk  of  court,  2821. 


130  INDEX 

APPOINTMENT,  of  deputy,  by  superintendent  public  instruction,  2621;  of  teach- 
ers' normal  institute,  2622;  of  two  members  board  educational  examiners, 
by  governor,  2628;  of  assistant  examiners,  2629;  to  fill  vacancies  in  trus- 
tees, county  high  school,  2729;  of  deputy,  by  county  superintendent,  2734-b; 
of  assistants  at  examination,  2734-c;  of  judges  of  election  at  annual  meet- 
ing, 2746;  qualifications  of  persons  for,  as  school  officer  or  member  of 
board,  2748;  of  chairman  and  secretary  for  subdistrict  meeting,  2751;  of 
judges  of  election  in  districts  of  5,000  or  over,  divided  into  election  pre- 
cincts, 2756;  no  teacher  or  other  employe  of  the  "board  eligible  as  secretary 
in  independent  districts,  2757;  by  board  to  fill  vacancy  in  its  member- 
ship, 2758;  to  fill  vacancies,  must  be  by  ballot,  2771;  of  temporary  president 
or  secretary,  2772. 

APPOBTIONMENT,  see  semi-annual  apportionment. 
APPBAISEES,  see  referees. 

ARBITRATORS,  when  boards  cannot  agree  on  division  of  assets  and  liabilities, 
may  be  selected,  2802;  decision  of,  made  in  writing,  2802;  appeal  from 
decision  of,  to  district  court,  2802. 

ASSETS  AND  LIABILITIES,  boards  shall  make  equitable  division  of,  2802. 

ATTENDANCE,  at  normal  school,  2676;  at  county  high  school,  2733;  school  for, 
determined  by  board,  2773;  every  school  free  to  actual  residents,  2773; 
in  other  districts,  2774;  expenses  of  transportation  paid,  2774;  register  of, 
2789;  in  another  district,  2803;  age  for,  2804;  of  non-residents,  2804;  com- 
pulsory, 2823-a. 

AUDITOR,  see  county  auditor. 

AUDITOR  OF  STATE,  issues  warrant  for  subscription  to  educational  school  paper, 
2624;  receives  report  of  enumeration  from  superintendent  public  instruction, 
2625;  issues  warrant  for  each  institute,  2626;  issues  warrant  for  salaries 
and  expenses,  2627;  issues  warrants  for  compensation  board  educational 
examiners,  2634-a;  issues  warrants  for  compensation  officers  board  trustees 
normal  school,  2681. 

BALLOT,  director  for  subdistrict  elected  by,  2751;  directors  elected  by,  2754; 
election  in  districts  of  5,000  or  more  divided  into  precincts,  must  be  by, 
2755;  officers  of  board  elected  by,  2757;  vacancies  among  officers  or  members 
of  board,  filled  by,  2771;  vote  on  formation  of  independent  school  district 
taken  by,  2794;  vote  for  rural  Independent  school  district  organization  taken 
by,  2797;  vote  to  unite  independent  districts,  taken  by,  2799;  vote  to  unite 
rural  independent  school  districts  into  school  townships  -taken  by,  2800; 
vote  to  authorize  free  text-books  taken  by,  2837;  vote  to  organize  consoli- 
dated independent  districts,  taken  by,  2794-a. 

BALLOT  BOX,  provided  for  each  precinct  in  independent  school  districts  of  5,000 
and  over,  divided  into  election  precincts,  2756. 

BARBED  WISE,  county  superintendent  shall  see  that  provisions  relating  to  use 
of,  are  observed  and  enforced,  2740;  shall  not  be  used  to  inclose  school 
building  or  grounds,  2817;  not  used  within  ten  feet  of  schoolhouse  site, 
2817;  penalty  for  use  of,  2817. 

BEQUESTS,  may  be  accepted  by  school  corporations,  740,  page  117. 

BIBLE,  shall  not  be  excluded  from  any  school,  2805;  no  child  required  to  read, 
contrary  to  wishes  of  parent  or  guardian,  2805. 

BLIND  PERSONS,  of  school  age,  reported  to  College  for  the  Blind,  2739;  of  school 
age,  reported  to  county  superintendent,  2765. 

BOARD  OF  DIRECTORS,  county  superintendent  not  to  be  a  member  of,  2734;  term 
of,  2745;  qualifications  for  member  of,  2748;  number  of,  in  school  town- 
ships, 2752;  number  of,  in  independent  districts,  2754;  election  of,  in  school 
townships,  2751-2752;  election  of,  in  independent  districts,  2754-2756;  meet- 
ings of,  2757;  election  of  officers,  2757;  qualification  of  members,  2758; 


INDEX  131 

BOARD  OF  DIRECTORS— Continued. 

vacancy  in,  filled  by  appointment,  2758;  president  of,  duties  of,  2759;  may 
employ  counsel,  2759;  secretary  and  treasurer  each  gives  bonds,  2760;  bonds 
to  be  filed  with  president,  2760;  secretary,  duties  of,  2761-2767;  proceedings 
of,  to  be  recorded  by  secretary,  2761;  treasurer,  duties  of,  2768-2769;  quorum 
of,  2771;  vacancies  in,  filled  by  ballot,  2771;  appoints  temporary  president 
or- secretary,  2772;  prescribes  course  of  study,  2772;  makes  rules  and  regu- 
lations, 2772;  requires  performance  of  duty,  2772;  fixes  site  for  schoolhouse, 
2773;  determines  number  of  schools,  2773;  determines  particular  school  each 
child  shall  attend,  2773;  designates  period  each  school  shall  be  held  beyond 
time  required  by  law,  2773;  may  rent  room  and  employ  teacher  for  any  ten 
scholars,  2774;  may  contract  for  instruction  in  other  districts,  2774;  may 
pay  transportation  of  children,  2774;  shall  require  teachers  to  give  and 
scholars  to  receive  instruction,  in  effects  of  stimulants,  2775;  may  establish 
graded  or  union  schools,  2776;  may  select  person  to  have  general  supervision 
of  schools,  2776;  shall  carry  into  effect  instructions  from  annual  meeting, 
2778;  shall  elect  teachers  and  make  contracts,  2778;  shall  consult  county 
superintendent  before  building  schoolhouse,  2779;  if  amount  exceeds  $300, 
shall  advertise  before  contracting,  2779;  shall  audit  all  claims,  2780;  shall 
make  settlement  with  treasurer,  2780;  shall  present  statement  of  annual 
receipts  and  expenditures,  2780;  fixes  compensation  of  secretary  and  treas- 
urer, 2780;  no  member  of,  may  receive  compensation,  2780;  provides  for 
visiting  schools,  2782;  may  discharge  teacher  for  cause,  2782;  may  expel 
scholar,  2782;  may  readmit  scholar,  2782;  may  empower  teacher  to  dismiss 
scholar  temporarily,  2782;  may  insure  school  property,  2783;  may  purchase 
dictionaries,  library  books,  and  apparatus,  2783;  may  furnish  text-books 
to  indigent  children,  2783;  may  loan  text-books  to  scholars,  2783;  shall  give 
special  attention  to  matter  of  water-closets,  2784;  shall  limit  director  of 
subdistrict  in  contracting,  2785;  may  hold  an  industrial  exposition,  2786; 
shall  have  shade  trees  set  out,  2787;  shall  not  pay  person  for  teaching  with- 
out certificate,  2788;  how  chosen,  when  new  civil  township  is  formed,  2790; 
may  consent  to  attach  territory,  2791;  territory  restored  by  concurrent  con- 
sent of,  2792,  territory  restored  by  consent  of,  and  county  superintendent, 
2792;  may  establish  boundaries  of  contemplated  independent  school  district, 
2794;  shall  give  notice  of  election  of  directors,  2795;  may  change  boundaries 
of  subdistricts  by  majority  vote  of,  2801;  shall  divide  assets  and  liabilities, 
2802;  in  case  of  disagreement,  arbitrators  shall  be  appointed,  2802;  may 
agree  upon  terms  of  attendance,  2803;  fixes  terms  for  attendance  of  non- 
residents, 2804 ;  may  not  exclude  bible  from  school,  2805 ;  shall  estimate  taxes, 
2806;  shall  pay  judgment  out  of  proper  fund,  2811;  shall  certify  tax  to  pay 
judgment,  2811;  may  issue  bonds  to  pay  judgment  indebtedness,  2812-c; 
may  issue  bonds  to  pay  bonds  maturing,  2812-c;  may  issue  bonds  for  erect- 
ing, completing  or  repairing  schcolhouses,  when,  2812-d;  shall  provide  tax 
to  pay  bonds  or  interest  due,  2813;  may  take  schoolhouse  sites,  2814;  shall 
deposit  amount  of  referees'  assessment,  2815;  sliall  pay  costs  of  referees' 
assessment,  2815;  may  not  use  barbed  wire  to  inclose  schoolhouse  grounds, 
2817;  may  adopt  and  purchase  text-books,  2824;  may  select  person  to  keep 
'books  and  supplies  for  sale,  2824;  must  advertise  for  bids  before  adopting 
text-books,  2828;  shall  arrange  for  free  text-books  when  voted,  2837. 

BOARD  OF  DIRECTORS,  of  independent  school  district,  term  of,  2745;  election 
of,  2754-2756;  may  establish  kindergarten  departments,  2771;  change  bound- 
aries, 2793;  for  new  district,  2795;  certifies  taxes  for  new  district,  2796; 
may  subdivide  district,  2798;  may  unite  districts,  2799;  may  issue  school 
funding  bonds,  2812-c;  may  issue  school  building  bonds  when,  2812-d;  shall 
certify  to  pay  bonds  or  interest  due,  2813. 

BOAED  OF  DIRECTORS,  of  rural  independent  school  district,  term  of,  2754;  election 
of,  2754;  changes  boundaries,  2793;  for  new  district,  2797;  may  subdivide 
district,  2798;  may  unite  districts,  2799;  may  unite  districts  into  school 
township,  2800. 

BOARD  OF  DIRECTORS,  of  school  township,  term  of,  2745;  number  of,  2752;  elec- 
tion of,  2751-2752;  may  instruct  directors,  2785;  may  change  boundaries, 
2793;  may  divide  school  township  into  subdistricts,  2801;  must  apportion 
schoolhouse  tax  among  eubdistricts,  2806. 


132  INDEX 

BOARD  OF  EDUCATIONAL  EXAMINERS,  of  whom  consists,  2628;  superintendent  public 
instruction  president,  2628;  shall  hold  at  least  two  examinations  annually, 
2629;  adopts  rules  and  regulations,  2629;  keeps  record  of  proceedings,  2629; 
may  issue  state  certificates  and  state  diplomas,  2629;  may  grant  special  cer- 
tificates, 2630-b;  to  primary  school  teachers,  2630-b;  keeps  complete  register 
of  persons  to  whom  certificates  or  diplomas  are  issued,  2630-b;  may  duplicate 
certificates  of  other  states,  2630-c;  may  revoke  certificate  or  diploma^  2631; 
shall  require  fee  for  examination,  2631;  shall  pay  all  moneys  into  state  treas- 
ury, 2631;  shall  keep  a  detailed  account  of  moneys  received  and  expended, 
and  publish  such  account,  2633;  compensation  of  members,  2634-a;  compensa- 
tion of  assistants,  2634-a;  may  issue  certificates  to  graduates  of  college  and 
normal  school  graduates,  2634-f;  shall  inspect  accredited  schools,  2634-c; 
shall  examine  graduates  of  accredited  schools,  2634-d;  all  licenses  to  teach 
must  be  registered,  2734-q;  must  prepare  list  of  library  books,  2823-p. 

BOARD  OF  SUPERVISORS,  may  submit  question  of  establishing  county  high  school, 
2728;  appoints  trustees  county  high  school,  2728;  may  fill  vacancies  in  trus- 
tees of  county  high  school,  2729;  requires  bond  of  trustees,  2729;  shall  levy 
tax  to  build,  2731;  county  superintendent  not  to  be  a  member  of,  2734-b; 
shall  provide  room  at  county  seat  for  county  superintendent,  2734-c;  may 
appropriate  additional  funds  for  support  of  institute,  2738;  may  allow  county 
superintendent  additional  compensation,  2742;  shall  levy  special  schoolhouse 
tax  voted  by  subdistrict  upon  itself  2753;  shall  levy  tax  for  new  independent 
school  district,  2796;  shall  levy  .taxes  for  school  funds,  2807;  shall  levy 
county  tax  of  one  to  three  mills,  2807;  shall  levy  tax  to  pay  bonds  or  inter- 
est due,  2813;  included  in  county  board  of  education,  2831. 

BOARD  OF  TRUSTEES,  of  county  high  school,  who  shall  constitute,  2728;  county 
superintendent  member  and  president  of,  2728;  shall  qualify,  2729;  election 
of,  2729;  in  three  classes,  2729;  shall  appoint  secretary  and  treasurer,  2729; 
shall  select  site  for  school,  2730;  shall  estimate  funds  needed,  2730;  shall 
proceed  to  build,  2731;  shall  employ  teachers,  2731;  shall  have  annual  re- 
ports made,  2731;  compensation  members  of,  2731;  shall  approve  rules  and 
regulations,  2732;  shall  admit  students  from  county  without  charge,  2732; 
may  admit  from  outside  the  county,  2732;  shall  make  no  purchase  in  excess 
of  funds  on  hand,  2731. 

BOARD  OF  TRUSTEES,  of  normal  school,  shall  elect  officers,  2675;  shall  make  rules 
and  regulations,  2676;  may  charge  for  contingent  expenses,  2676;  may  charge 
a  tuition  fee,  2676;  must  have  effects  of  alcoholic  drinks  and  narcotics 
•taught,  2677;  may  receive  scholars  from  same  school  district,  2678;  shall 
report  biennially  to  governor,  2680. 

BOARD  OF  TRUSTEES,  of  state  college  of  agriculture  and  mechanic  arts  shall  man- 
age the  college,  2646;  shall  designate  the  number  from  each  county  entitled 
to  free  tuition,  2649. 

BOND,  of  officer,  of  treasurer  normal  school,  2675;  of  trustees  county  high  school, 
2729;  of  treasurer  county  high  school,  2729;  of  secretary  and  treasurer  of 
board,  2760;  shall  be  filed  with  the  president,  2760;  president  shall  bring 
action  on,  2760;  of  contractor  to  build,  2779;  of  person  appointed  to  keep 
'books  and  supplies  for  sale,  2824;  of  publishers,  suit  on,  2827;  of  contractor 
furnishing  books  or  supplies,  2830;  surety  companies  accepted  on,  2830. 

BONDS,  may  not  be  voted  without  notice,  2746;  women  may  vote  on  question 
of  issuing,  2747;  board  may  issue  to  pay  indebtedness,  2812-c;  voters  may 
vote,  2812-d;  signed  by  president,  2812-e;  countersigned  by  secretary,  2812-e; 
when  payable,  2812-e,  2812-f;  cost  of  engraving  and  printing  paid  from  con- 
tingent fund,  2812-e;  treasurer  keeps  record  to  whom  bonds  are  sold,  2812-f; 
form  and  other  requirements  of,  2812-e;  not  to  be  disposed  of  for  less  than 
par  value,  2812-e;  must  be  paid  in  order  of  issuance,  2812-f;  tax  to  pay 
bonds  or  interest  due,  2813;  in  excess  of  one  and  one-fourth  per  cent,  2820-a, 

BOOKS,  see  Textjbooks, 


INDEX  133 

BOUNDARIES,  of  divisions  for  attendance  at  school,  2773;  changed  by  attaching 
territory,  2791;  changed  by  restoration  of  territory,  2792;  of  contiguous  cor- 
porations, 2793;  established  to  form  independent  school  district,  2794;  to 
form  consolidated  corporation,  2794-a;  subdivision  of  independent  districts, 
2798;  uniting  independent  districts,  2799;  division  of  school  township  into 
subdistricts,  2801;  alterations  in  subdistrict,  designated  on  plat,  2801;  de- 
scription of,  recorded  in  records  of  school  township,  2801;  copy  description 
of  changes  delivered  to  county  treasurer  and  auditor,  2801;  of  subdistricts 
must  conform  to  congressional  divisions,  2801;  changes  in  subdistrict,  take 
effect  at  next  subdistrict  election,  2801;  division  of  assets  and  liabilities, 
2802. 

BRANCHES  OF  STUDY,  in  normal  school,  2676;  trustees  in  normal  school  shall 
have  effects  of  stimulants  taught,  2677;  in  county  high  school,  2732;  added 
to  course  of  study  by  voters,  2749;  determined  by  board,  2772. 

CANVASS  OF  VOTES,  to  establish  county  high  school,  2728;  at  annual  meeting 
of  voters,  2746;  at  annual  subdistrict  meeting,  2751;  in  districts  of  5,000 
or  over,  divided  into  election  precincts,  2756;  when  officers  of  board  are 
chosen,  2757;  record  of,  to  be  kept  by  secretary,  2761;  when  vacancy  among 
officers  or  members  of  board  occurs,  2771;  when  formation  of  independent 
school  district  is  voted  upon,  2795;  when  consolidated  corporation  is  organ- 
ized, 2794-a;  when  vote  is  taken  to  form  rural  independent  school  districts 
from  subdistricts  of  school  township,  2797;  to  unite  independent  districts, 
2799;  to  unite  rural  independent  school  districts  into  school  township,  2800; 
when  county  uniformity  is  voted  upon,  2832. 

CERTIFICATE  OF  ELECTION,  to  directors  elected,  2746,  2756;  to  director  of  sub- 
district,  2751. 

CERTIFICATE  OF  TEACHER — COUNTY,  examination  for,  2734-e  to  2734-n;  for  special 
studies,  2734-e;  term  of,  2734-g,  2734-h,  2734-i,  2734-j,  2734-t;  revocation  of, 
2734-u;  fee  for,  2734-p;  every  teacher  must  have,  2788. 

CERTIFICATE  OR  DIPLOMA — STATE,  granted  upon  examination,  2629;  list  of  sub- 
jects, 2629;  certificate  given  to  primary  teachers,  2630-b;  validation  of  cer- 
tificates of  other  states  authorized,  2630-c;  how  long  valid,  2631;  revocation 
of,  2631;  fee  for,  2631;  registration  of,  2734-q;  of  graduates  of  approved 
schools,  2634-b  to  2634-e;  of  colleges  and  normal  schools,  2634-f  to  2634-h. 

CHAIRMAN,  superintendent  public  instruction  president  board  educational  exam- 
iners, 2628;  superintendent  public  instruction  president  board  trustees  nor- 
mal school,  2675;  county  superintendent  president  board  trustees  county 
high  school,  2728;  president  of  board  acts  as,  of  annual  meeting  of  district, 
2746;  voters  select,  of  subdistrict  meeting,  2751;  president  of  board  acts  as, 
at  all  meetings  of  board,  2759;  temporary,  appointed  when  regular  officer 
is  absent,  2772;  county  superintendent  is,  of  county  board  of  education,  2833. 

CHANGE  OF  BOUNDARIES,  see  Boundaries. 

CHARTS,  may  be  purchased  with  contingent  fund,  2783. 

CHILD,  see  Scholar. 

CITY  AND  TOWN  DISTRICTS,  see  Independent  School  District. 

CIVIL  TOWNSHIP,  name  applied  to  school  township,  2744;  meetings  of  board  may 
be  held  at  any  place  in  same,  2757;  when  formed  constitutes  a  school  town- 
ship, 2790;  lines  of,  shall  not  prevent  attachment  to  territory,  2791;  bound- 
aries of  not  a  bar  to  change  of  boundaries  of  school  districts,  2793;  rural 
independent  school  districts  of,  may  be  united  into  a  school  township,  2800. 

CLAIMS,  for  traveling  expenses  superintendent  public  instruction,  2627;  for 
expenses  board  educational  examiners,  2634-a;  traveling  expenses  of  county 
superintendent,  2734-b;  for  traveling  expenses  treasurer  normal  school,  2681; 
for  trustees  county  high  school,  2731;  for  expenses  county  superintendents 
filed  with  county  auditor,  2742;  for  expenses  incurred,  kept  by  secretary, 
2761;  audited  and  allowed  by  board,  2780;  when  changes  of  boundaries  are 
made,  2802;  for  damages  when  site  is  condemned,  2815. 


134  INDEX 

CLEBK  OF  ELECTION,  secretary  acts  as,  of  annual  meeting,  2746;  for  subdistrict 
meeting,  chosen  by  voters,  2751;  appointed  in  each  precinct  of  districts  of 
5,000  or  over,  divided  into  precincts,  2756;  shall  record  result  of  votes  at 
annual  meeting,  2761. 

COMPENSATION,  of  superintendent  public  instruction,  2627;  of  his  deputy,  2627; 
of  board  of  educational  examiners,  2634-a;  of  teachers  in  normal  school,  2676; 
of  secretary  normal  school,  2681;  of  treasurer  normal  school,  2681;  of 
trustees  county  high  school,  2731;  of  teachers  county  high  school,  2731; 
of  county  superintendent,  2742;  to  be  paid  teachers,  2778;  of  secretary  and 
treasurer,  2780;  no  member  of  board  may  receive,  2780;  not  recovered  by 
teacher  for  services  without  certificate,  2788;  of  referees,  2815;  to  owner 
of  sohoolhouse  site  condemned,  2815;  to  witnesses  in  appeal,  2821;  to  person 
keeping  books  and  supplies  for  sale,  2824;  of  registrars,  2755. 

COMPULSORY  EDUCATION,  of  what  children,  2823-a;  how  enforced,  2823-f;  pun- 
ishment for  violation  of  statute,  2823-h;  appointment  and  duties  of  truant 
officers,  2823-e;  duties  of  teachers  and  officers,  2823-g;  school  census,  2823-i. 

CONCURRENT  ACTION,  of  county  superintendent  and  board  In  attaching  territory, 
2791;  of  boards  in  restoring  territory,  2792;  of  electors,  county  superin- 
tendent and  board,  <in  restoring  territory,  2792;  of  boards  in  changing 
boundary  lines,  2793;  of  boards  in  detaching  territory  to  form  an  inde- 
pendent district,  2798;  of  boards  in  uniting  independent  districts,  2799;  of 
boards  in  agreeing  on  terms  of  attendance,  2803;  of  county  superintendent 
and  board  where  children  attend,  2803. 

CONDEMNATION,  of  land  for  schoolhouse  site  or  public  road,  2815. 
CONDUCTOR  OF  INSTITUTE,  see  Teachers'  Normal  Institute. 

CONSOLIDATION  OF  DISTRICTS,  organization  of,  2794-a;  independent  districts  may 
unite,  2799;  rural  independent  school  districts  may  unite  into  a  school  town- 
ship, 2800. 

CONTINGENT  FUND,  see  Funds. 

CONTRACTS,  trustees  normal  school  may  make,  with  board  of  directors,  2678; 
by  trustees  county  high  school,  2731;  voters  may  authorize,  2749;  president 
must  sign,  2759;  by  board  with  other  districts  for  instruction  of  children, 
2774;  for  transportation  to  and  from,  school,  2774;  directed  by  voters,  must 
be  made  by  board,  2778;  with  teachers,  must  be  in  writing,  2778;  with 
teacher,  filed  with  secretary,  2778;  to  build  at  a  cost  exceeding  $300  must 
•be  made  by  advertisement,  2779;  to  build  shall  be  let  to  lowest  bidder,  2779; 
director  of  subdistrict  may  make,  for  purposes  mentioned,  2785;  when  made 
by  director  of  subdistrict,  must  be  approved  by  president  and  reported  to 
board,  2785;  between  boards  regarding  attendance,  2803;  for  adoption  of 
text-books,  2824;  for  text-books  by  board  of  directors  or  county  board  of 
education,  2830. 

CONVENTION,  superintendent  public  instruction  may  call,  of  county  superin- 
tendents, 2622;  county  superintendent  receives  expenses  for  attendance  at, 
2742. 

CORPORATE  NAME,  of  School  Districts,  2744. 
CORPORATION,  see  School  District. 

CORPORATIONS,  limits,  how  changed,  2793,  2793-a;  may  accept  bequests,  740,  page 
117. 

COSTS,  of  maKing  referees'  assessment,  paid  by  school  district,  2815;  in  appeal, 
taxed  to  party  responsible  for  appeal,  2821;  of  prosecution  when  school  offi- 
cer acts  as  agent  or  dealer  in  text-books,  2834. 

COUNSEL,  may  be  employed  by  board,  2759. 

COUNTY,  failing  to  make  report,  county  superintendent  shall  forfeit  $50  to 
school  fund  of,  2741;  action  against  county  superintendent  for  failure  to 
make  report  brought  by,  2741;  township  or  county  lines  not  a  bar  to  attach- 
ing territory,  2791;  territory  set  off  to  another,  may  be  restored,  2792; 
attendance  from  adjoining,  may  be  allowed,  2803;  provisions  relating  to  pay- 
ment of  school  bonds,  2812-f ;  uniformity  of  text-books  in,  2832. 


:NDEX  135 

COUNTY  ATTORNEY,  shall  assist  county  superintendent  in  enforcing  laws,  2740; 
shall  bring  action  upon  request  of  county  superintendent,  2740. 

COUNTY  AUDITOR,  county  superintendent  files  statement  with,  of  office  expenses, 
2742;  records  plat  of  changes  in  subdistrict  boundaries,  2801;  deducts  amount 
of  tuition  from  apportionment,  2803;  makes  semi-annual  apportionment, 
2808;  notifies  president  of  apportionment,  2808;  certifies  qualification  of 
county  superintendent,  2809;  forwards  certificate  interest  on  school  fund 
to  auditor  of  state,  2809;  is  member  county  board  of  education,  2831;  is 
secretary  county  board  of  education,  2833;  shall  keep  school  laws  for  sale, 
2823-k;  must  report  sales  to  auditor  of  state,  2823-1;  must  pay  money  re- 
ceived from  sales  to  county  treasurer,  2823-1;  transmit  estimates  to  super- 
tendent  of  public  instruction,  2823-j. 

COUNTY  HIGH  SCHOOL,  any  county  may  establish,  2728;  board  of  supervisors 
submits  question  of  establishing,  2728;  votes  for  and  against  canvassed, 
2728;  board  of  supervisors  appoints  trustees,  2728;  county  superintendent 
member  of  board  and  president,  2728;  when  and  how  trustees  are  elected, 
2729;  vacancies  in  board  filled  by  appointment  of  board  >of  supervisors, 
2729;  oath  and  bond  of  trustees,  2729;  terms  of  office  of  trustees,  2729; 
secretary  and  treasurer  of,  appointed  from  board,  2729;  treasurer  gives 
bond  as  such,  2729;  board  selects  site,  2730;  makes  estimate  of  funds  needed, 
2730;  presents  estimate  to  board  of  supervisors,  2730;  tax  not  to  exceed  two 
mills,  2730;  tax  levied  and  collected,  2730;  tax  paid  to  treasurer  of,  2730; 
board  makes  purchases  and  contracts  for,  2731;  employs  teachers,  2731; 
provides  for  payment  of  salaries,  2731;  annual  report  of,  made  to  board  of 
supervisors,  2731;  annual  report  of,  printed  in  at  least  one  newspaper  in 
county,  2731;  copy  forwarded  to  superintendent  of  public  instruction,  2731; 
compensation  of  trustees,  2731;  rules  and  regulations  made,  2732;  refractory 
students  may  be  expelled,  2732;  tuition  in,  free  to  .residents  of  county, 
2733;  apportionment  of  students,  2732;  students  from  other  counties  may 
be  admitted,  2732;  question  of  tax  levy  for  buildings  must  be  submitted  to 
voters,  2728;  board  to  select  the  best  site  that  can  be  obtained  without 
expense  to  the  county,  2730;  contract  for  building  cannot  be  made  in  excess 
of  amount  voted,  2730;  an  outlay  exceeding  five  hundred  dollars  must  be 
submitted  to  the  electors,  2730;  may  be  abolished,  2733;  petition  and  elec- 
tion to  abolish,  2733. 

COUNTY  SUPERINTENDENT,  shall  distribute  school  laws,  2624;  member  board  trus- 
tees county  high  school,  2728;  president  board  trustees  county  high  school, 
2728;  may  be  of  either  sex,  2734-b;  shall  hold  certificate  or  diploma,  2734-b; 
ineligible  as  school  director  or  member  board  supervisors,  2734-b;  may 
appoint  deputy,  who  cannot  visit  schools  or  try  appeals,  2734-b;  shall  com- 
ply with  directions  from  superintendent  public  instruction,  2734-b;  shall 
transmit  communications,  2734-b;  shall  visit  schools,  2734jb;  shall  conduct 
examinations  for  county  certificates,  2734-c;  may  request  special  examina- 
tions, 2734-s;  shall  conduct  special  examinations  appointed  for  his  county, 
2734-s;  shall  keep  a  record  of  all  examinations,  2734-f;  shall  collect  a  fee 
from  every  candidate  admitted  to  the  examination,  2734-p;  shall  deposit 
one-half  of  examination  fee  with  county  treasurer  and  one-half  with  state 
treasurer,  2734-p;  shall  register  certificates  and  collect  registration  fees, 
and  shall  deposit  same  with  the  county  treasurer,  2734-q;  shall  revoke  cer- 
tificates for  cause,  2734-u;  shall  hold  a  normal  institute,  2738;  shall  require 
an  enrollment  fee  and  shall  deposit  same  with  the  county  treasurer,  2738; 
shall  draw  no  order  on  institute  fund  except  for  bills  approved,  2738;  shall 
report  annually  to  superintendent  public  instruction,  2739;  shall  file  enu- 
meration with  county  auditor,  27d9;  shall  report  to  institutions,  2739;  shall 
enforce  school  laws,  2740;  may  require  assistance  of  county  attorney,  2740; 
shall  forfeit  $50  for  failure  to  make  report,  2741;  shall  receive  compensa- 
tion, 2742;  shall  receive  expenses  for  attendance  at  convention  of  county 
superintendents,  2742;  shall  file  statement  of  traveling  expenses,  2734-b; 
shall  file  statement  office  expenses,  2742;  notified  by  secretary  when  each 
school  begins,  2765;  receives  annual  report  from  secretary,  2765;  receives 
report  of  officers  of  district,  2766;  receives  annual  report  from  treasurer, 
2769;  may  release  board  from  obligation  to  have  school  taught,  2773;  may 


136  INDEX 

COUNTY  SUPERINTENDENT— Continued. 

grant  kindergarten  certificate,  2777;  approves  plans  for  sohoolhouse,  2779; 
shall  call  attention  of  board  to  neglect  to  protect  shade  trees,  2787;  gives 
notice  of  first  meeting  in  new  school  township,  2790;  shall  attach  territory  to 
another  district,  2791;  shall  concur  in  restoration  of  territory,  2792;  may  con- 
cur in  attendance,  2803;  certificate  of  qualification  of,  made  by  county 
auditor,  2809;  appoints  referees  to  condemn  schoolhouse  site,  2815;  gives 
notice  to  owner  of  land,  2815;  receives  affidavit  of  appeal,  2818;  notifies 
secretary  to  file  transcript,  2819;  notifies  interested  parties  of  hearing,  2819; 
hears  testimony  and  decides  appeal,  2819;  appeal  from  decision  of,  2820;  has 
power  to  issue  subpoenas,  2821;  files  transcript  of  costs  of  appeal  with  clerk 
of  court,  2821;  may  be  consulted  in  adoption  of  text-books,  2828;  is  cus- 
todian of  samples  of  text-books,  2830;  member  county  board  of  education, 
2831;  receives  petitions  for  county  uniformity,  2831;  is  chairman  county 
board  of  education,  2833;  reports  list  of  books,  with  contract  prices,  2833; 
may  not  act  as  agent  or  dealer  in  text-books  or  supplies,  2834;  must  report 
to  board  of  supervisors,  2738;  must  report  violations  of  compulsory  school 
law,  2823-f. 

COUNTY  TREASURER,  pays  over  tax  to  county  high  school,  2730;  receives  institute 
fund  from  county  superintendent,  2734-p,  2734-q,  2738;  records  changes  in 
subdistrict  boundaries,  2801;  pays  apportionment  due,  2808;  gives  notice 
quarterly  of  taxes  collected,  2810;  pays  taxes  to  district  treasurer,  2810; 
keeps  taxes  for  schoolhouse  purposes  separate,  in  each  subdistrict,  if  neces- 
sary, 2810;  amount  found  by  referees  deposited  with,  2815. 

COURSE  OF  STUDY,  shall  be  prescribed  by  board,  2772;  in  graded  or  union 
schools,  must  be  approved  by  superintendent  public  instruction,  2776;  in 
accredited  schools  to  be  inspected  and  approved  by  board  of  educational 
examiners,  2634-b,  ,2634-c;  persons  taking,  in  accredited  schools,  to  be  re- 
ported, 2634-d,  2634-e. 

DEAF  AND  DUMB,  number  of,  of  school  age,  reported  to  superintendent  school 
for  the  deaf,  2739;  of  school  age,  reported  to  county  superintendent  by  secre- 
tary, 2769. 

DECISIONS,  in  appeal,  by  superintendent  public  instruction,  2623;  important, 
included  in  volume  of  school  laws,  2624;  of  board  may  be  appealed  from,  2818; 
of  county  superintendent  final  unless  appealed  from,  2819;  of  superintendent 
public  instruction  final,  2820. 

DEPOSITORIES,  arranged  for  by  county  board  of  education,  2832. 

DEPUTY,  of  superintendent  public  instruction,  2621;  of  county  superintendent, 
2734. 

DIPLOMA,    see    Certificate    or    Diploma. 

DIRECTOR,  in  independent  districts,term  of,  2745;  may  be  of  either  sex,  2748; 
number  in  independent  districts,  2754;  tie  vote1  for,  publicly  determined  by 
lot,  2754;  annual  and  special  meetings  of  board,  2757;  qualifies  on  or  before 
third  Monday  in  March,  2758;  shall  take  oath,  2758;  any  member  may  ad- 
minister official  oath  to,  2758;  holds  until  successor  is  qualified,  2758;  va- 
cancy filled  by  appointment,  2758;  surrenders  office  to  successor,  2770;  in 
school  township  may  be  instructed  by  board  to  make  certain  contracts, 
2785;  penalty  for  wilful  failure  or  neglect  of  duty,  2822. 

DIRECTOR,  in  school  townships,  of  subdistrict,  chosen  for  one  year,  2745;  may 
be  of  either  sex,  2748;  gives  notice  of  subdistrict  meeting,  2751;  elected  in 
subdistricts,  2751;  number  in  school  townships,  2752;  may  be  authorized 
by  board  to  employ  teachers  in  his  subdistrict,  2778;  may  be  authorized  by 
board  to  make  contracts  for  fuel  and  in  like  matters,  2785;  shall  prepare 
annually  list  of  children  in  subdistrict  of  school  age,  2785;  shall  report  list 
to  secretary  of  school  township,  2785;  may  have  industrial  exposition  held, 
2786;  elected  for  new  subdistrict,  2801;  must  enforce  compulsory  attend- 
ance law,  2823-f. 


INDEX  137 

DISMISSAL,  of  teacher,  2782;   of  scholar,  2782. 

DISTRIBUTION,  of  cloth  bound  school  laws,  2624;  of  paper  bound  school  laws, 
2624,  and  2823-k. 

DISTRICT,  see  School  District. 

DISTRICT  COURT,  appeal  may  be  taken  to,  from  assessment  made  by  referees, 
2815;  transcript  of  costs  in  appeal  filed  by  county  superintendent  in  office  of 
clerk  of,  2821. 

DISTRICT  TREASURER,  see  Treasurer. 

DIVISION,  into  election  precincts  of  5,000  or  over,  2755;  into  wards  for  attendance, 
2773;  of  independent  districts  to  form  two  or  more,  2798;  of  school  township 
into  subdi'Stricts,  2801;  of  assets  and  liabilities,  2802. 

DWELLING,  see  residence. 

EDUCATION,  general  constitutional  provisions  relating  to,  page  118,  school  fund 
and  lands  under  control  of  general  assembly,  page  118;  fines,  how  applied,  p. 
118;  method  of  distribution  of  funds,  page  118. 

EDUCATIONAL  EXAMINERS,  see  Board  of  Educational  Examiners. 

EDUCATIONAL  JOURNAL,  superintendent  public  instruction  may  subscribe  for, 
2624. 

ELECTION,  to  vote  upon  establishment  of  county  high  school,  2728;  to  choose 
trustees  for  county  high  school,  2779;  in  all  districts,  2746;  qualifications  to 
vote  at,  2747;  of  director  of  subdistrict,  2751;  in  independent  districts,  2754; 
of  treasurer  by  voters,  in  independent  school  districts,  2754;  precincts  in 
districts  of  5,000  or  over,  2755;  of  officers  of  board,  2757;  notice  of,  2763;  to 
fill  vacancies  among  officers  or  members  of  'board,  2771;  to  form  independent 
school  district,  2794;  to  form  consolidated  districts,  2794-a;  to  choose  board 
for  new  district,  2795;  to  form  rural  independent  school  districts,  2797;  to 
subdivide  independent  district,  2798;  to  unite  independent  districts,  2799; 
to  unite  rural  independent  school  districts  into  a  school  township,  2800; 
when  changes  in  boundaries  are  made,  boards  continue  to  act  until  next, 
2802;  to  vote  bonds,  2812-d,  2820-a  to  2820-d;  to  change  or  displace  text- 
books, 2749,  2829;  to  vote  on  county  uniformity,  2831;  to  vote  on  free  text- 
books, 2836;  to  vote  on  the  abolishment  of  county  high  school,  2733. 

ELECTION  PRECINCTS,  in  districts  of  5,000  or  over,  2755;  register  of  voters  in, 
2755;  conduct  of  elections  in,  2756;  registrars  in,  2755;  compensation  of 
registrars,  2755. 

ELECTORS,  see  Voters. 

ELEMENTS  OF  VOCAL  MUSIC,  instruction  in,  authorized,  2823-«;  must  be  taught 
in  normal  institutes,  2823-t. 

ELIGIBILITY  FOR  OFFICE,  one  appointed  member  board  educational  examiners 
must  be  a  woman.  2628;  county  superintendent  must  hold  first  grade  certifi- 
cate or  state  certificate  or  diploma,  2734-b;  county  superintendent  may  be 
of  either  sex,  2734-b;  county  superintendent  may  not  be  a  school  director  or 
member  of  board  of  supervisors,  2734-b;  officer  or  member  of  board  may 
be  of  either  sex,  and  must  be  a  citizen  and  resident,  2748;  if  a  man,  must 
be  a  -qualified  voter,  2748;  secretary  and  treasurer  must  be  chosen  outside 
the  board,  2757;  no  teacher  or  other  employe  of  board  eligible  as  secretary 
in  any  independent  district,  2757. 

EMPLOYE,  no  teacher  or  other,  of  the  board  eligible  as  secretary  in  any  inde- 
pendent district,  2757. 

ENGLISH  LANGUAGE,  all  instruction  shall  be  given  in,  2749. 

ENUMERATION,  reported  to  auditor  of  state,  2625;  register  of,  kept  by  secretary, 
2764;  reported  to  county  superintendent,  2765;  list  of,  prepared  by  director 
of  subdistrict,  2785;  seven  to  fourteen,  2823-i. 


138  INDEX 

EXAMINATION,  for  state  certificate  or  ci.'.ploma,  2629;  for  county  certificates, 
2734-a  to  2734-t;  record  of,  2734-f;  _ee  for,  2631,  2734-p;  upon  kindergarten 
principles  and  methods,  2777;  of  graduates  of  approved  schools,  2634-b  to 
2634-e. 

EXAMINERS,  see  Board  of  Educational  Examiners. 
EXTENDING  CORPORATIONS,  effect  of,  2793-a. 

EXPENSES,  traveling,  of  superintendent  public  instruction,  2627;  necessary,  of 
member  board  educational  examiners  shall  be  paid,  2634-a;  of  person  ap- 
pointed to  assist  in  conducting  examination,  2634-a;  actual  traveling,  of 
treasurer  normal  school  to  be  paid,  2681-a;  of  county  superintendent,  2734- b, 
2742;  of  readers  of  answer  papers  and  clerks,  2734-n;  for  counsel  in  suits, 
2759;  account  of,  incurred  by  district,  kept  by  secretary,  2761;  statement  of, 
made  to  board  by  treasurer,  2769;  full  statement  of,  made  by  board  to 
annual  meeting,  2780;  statement  of,  in  independent  school  districts  pub- 
lished, 2781;  estimate  of,  for  following  year  published  in  detail,  2781;  for 
tuition  when  scholars  attend  by  concurrence  of  county  superintendent  and 
board,  2803;  average  proportion  of  contingent,  2803;  when  schoolhouse  site 
is  condemned,  2815;  as  costs  of  appeal,  2821. 

EXPOSITION,  see  Industrial  Exposition,  2786. 

EXPULSION  OF  SCHOLAR,  by  majority  vote  of  the  board,  2782. 

FAMILIES,  list  of  heads  of,  prepared  by  director  of  subdistrict,  2785. 

PEE,  for  state  certificate,  2631;  for  state  diploma,  2631;  paid  into  state  treasury, 
2631;  contingent,  at  normal  school,  2676;  tuition,  at  normal  school,  2676; 
tuition,  at  county  high  school,  2733;  enrollment,  at  institute,  2738;  of  every 
applicant  for  a  certificate,  2734-p;  transmitted  to  county  treasurer,  2738 
and  2734-p;  for  registration  of  certificates  and  diplomas,  2734-q;  tuition,  for 
attendance  in  another  district,  2774;  for  transportation  of  children,  2774; 
tuition,  lor  attendance,  2803;  of  witnesses  in  appeal,  2821;  for  certificate 
to  graduates  of  approved  accredited  schools,  2634-d. 

FEEBLE-MINDED,  county  superintendent  reports,  to  institution  for,  2739. 

FENCES,  may  be  provided  for  schoolhouse  sites,  2773;  barbed  wire  shall  not  be 
used  for,  of  schoolhouse  grounds,  2817;  where  sites  adjoin  fields,  2745-a, 
2745-b. 

FIDELITY  COMPANIES,  see  Surety  Companies. 

FINANCIAL  STATEMENT,  made  by  treasurer  to  board,  2769;  made  by  board-  to 
voters,  2780;  published  in  each  independent  school  district,  2781. 

FINES,  see  Penalty. 

FORFEIT,  of  county  superintendent  for  failure  to  make  report,  2741;  upon  breach 
of  bond  of  secretary  or  treasurer,  2760;  of  compensation  of  teacher  for  serv- 
ices rendered  without  certificate,  2788;  for  violation  of  provisions  regarding 
use  of  barbed  wire,  2817;  for  wilful  violation  of  law,  or  for  wilful  failure 
or  refusal  to  perform  duty,  2822;  for  neglect  or  refusal  of  contractor  to 
furnish  text-books  at  lowest  price,  2827. 

FORMATION  OF  INDEPENDENT  DISTRICT,  including  a  city,  town,  or  village,  2794; 
consolidated  district,  2794-a;  from  subdistricts  of  school  township,  2797;  by 
subdividing  independent  district,  2798;  by  uniting  independent  districts,  2799. 

FORMS,  see  Index  to  the  Forms,  page  173. 

FUEL,  bought  with  contingent  fund,  2768;  director  of  subdistrict  may  contract 
for,  under  direction  of  the  board,  2785. 

FUNDS,  secretary  keeps  separate  account  with  each  fund,  2761;  secretary  cer- 
tifies amounts  required  for  contingent  and  teachers'  funds,  2767;  secretary 
certifies  the  amount  of  tax  voted  by  the  electors  for  the  schoolhouse  and 
school  building  bond  funds,  2767;  schoolhouse,  contingent,  and  teachers' 
defined,  2768;  separate  account  kept  with  each,  by  treasurer,  2768;  order 


INDEX  139 

FUNDS — Continued . 

must  specify  fund  and  object,  2768;  annual  report  of  treasurer  must  show 
separate,  2769;  insurance  paid  with  contingent,  2783;  library  books  and 
apparatus  bought  with  contingent,  2783;  free  text-books  provided  from  con- 
tingent, 2783;  teachers'  and  contingent,  estimated  by  board,  2806;  amount 
for  contingent,  not  to  exceed  $5  per  scholar,  2806;  amount  for  transporta- 
tion of  children  not  to  exceed  $5  per  scholar,  2806;  amount  for  teachers'  fund 
not  more  than  $15  per  scholar,  2806;  $75  for  each  school  may  be  levied  for 
contingent  fund,  2806;  $270  for  each  school  may  be  levied  for  teachers' 
fund,  2806;  interest  on  permanent,  apportioned,  2808. 

GARDEN,  may  not  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

GOVERNOR,  records  in  office  superintendent  public  instruction  open  to  inspection 
of,  2621;  reports  to,  made  biennially  by  superintendent  public  instruction, 
2625;  two  members  educational  board  examiners  appointed  by,  2628;  report 
to,  made  by  board  trustees  normal  school,  2680. 

GRADED  OH  UNION  SCHOOLS,  may  be  established  by  any  board,  2776;  course  of 
study  in,  must  be  approved  by  superintendent  public  instruction,  2776. 

GUARDIAN,  name  of  parent  or,  registered  by  secretary,  2764;  school  taxes  paid 
by,  in  an  independent  district  may  be  deducted  from  tuition  of  ward,  2804; 
ward  may  not  be  required  to  read  bible  contrary  to  wishes  of,  2805;  must 
cause  child  to  attend  school,  2823-a. 

HIGHWAYS,  voters  may  authorize  board  to  obtain,  2749;  voters  may  vote  school- 
house  tax  for  opening,  2749;  special  meeting  of  district  may  vote  school- 
house  tax  to  procure,  2750;  schoolhouse  site  taken  by  condemnation  must 
be  on  a  public  highway,  2814. 

IMPROVEMENTS,  value  of,  repaid  by  owner  when  site  reverts,  2816;  tax  to  pay 
money  borrowed  for,  in  an  independent  school  district  must  be  levied,  2813. 

INCUMBENT,  treasurer  holds  until  successor  is  elected  and  qualified,  2754;  term 
of,  treasurer  expires  on  July  first,  2754,  2757;  director  holds  until  successor 
is  elected  and  qualified,  2758. 

INDEBTEDNESS,  in  division  of  assets  and  liabilities,  2802;  judgment,  shall  be  paid, 
2811;  bonds  to  pay  judgment,  may  be  issued,  2812-b;  tax  to  pay  bonds  or 
interest  due,  2813;  original,  shall  not  be  incurred  by  issuance  of  bonds,  until 
voters  have  so  authorized,  2823;  may  not  be  contracted  to  purchase  books 
and  supplies  to  be  resold,  2825;  limit  of,  1306-b,  page  92,  2830-a,  page  92. 

INDEPENDENT  SCHOOL  DISTRICT,  corporate  name,  2744;  board  of,  2745;  number  of 
directors  in,  2754;  treasurer  of,  elected  by  voters,  2754;  in  independent  dis- 
tricts below  5,000,  polls  open  at  1  P.M.  and  remain  open  not  less  than  five 
hours,  2754;  of  5,000  and  over,  shall  be  divided  into  election  precincts,  2755; 
of  5,000  and  over,  divided  into  election  precincts,  polls  shall  be  open  from  9 
o'clock  A.  M.  until  7  o'clock  p.  M.,  2756;  no  teacher  or  other  employe  of, 
eligible  as  secretary,  2757;  higher  schools  in,  2776;  board  may  establish 
kindergarten  departments  in  2777;  board  of,  must  publish  financial  state- 
ment, 2781;  water-closets  in,  2784;  change  of  boundaries,  2793;  formation  of, 
2794, 2794-a;  organization  of,  2795;  subdivision  of,  2798;  uniting  of,  2799; 
may  borrow  money  by  issuing  bonds,  2812-b,  2812-c;  tax  to  pay  bonds  qr 
interest  due,  2813;  city  or  town  not  under  county  uniformity,  2835;  schools 
in,  may  adopt  and  buy  same  books  adopted  by  county  board  of  education, 
2835. 

INDEX  TO  FORMS,  page  173. 

INDORSEMENT,  of  unpaid  orders  by  treasurer,  2768. 

INDUSTRIAL  EXPOSITION,  board  may  provide  for  in  each  school,  2786;  director 
of  subdistrict  may  provide  for,  2786;  of  what  consists,  2786;  kind  and  plan 
of  articles  exhibited  at,  explained,  2786;  parents  and  friends  invited  to  be 
present  at,  2786;  ornamental  work  encouraged,  2786;  held  in  the  schoolroom 
not  oftener  than  once  a  month,  2786. 


140  INDEX 

INSTITUTE  FUND,  see  Teachers'  Normal  Institute. 
INSTITUTE,  see  Teachers'  Normal  Institute. 
INSURANCE,  contingent  fund  may  be  used  to  pay,  2783. 

INTEREST,  provision  should  be  made  for  interest  of  bonds,  2767;  six  per  cent  on 
unpaid  orders  after  indorsement,  2768;  of  permanent  school  fund  a  part  of  the 
apportionment,  2808;  on  bonds  may  not  exceed  six  per  cent,  2812-e;  tax  to 
pay  interest  due  on  bonds  must  be  levied,  2813;  may  not  be  taken  upon  pur- 
chase price  when  schoolhouse  site  reverts,  2816. 

JOINT  DISTRICTS,  on  account  of  natural  obstacles,  2791;  restoration  of  portion  of, 
to  district  in  which  it  geographically  belongs,  2792. 

JUDGES  OF  ELECTION,  at  annual  meeting,  who  are,  2746;  if  absent,  voters  present 
appoint,  2746;  shall  issue  certificates  to  directors  elected,  2746;  vote  can- 
vassed by,  2751;  tie  vote  publicly  determined  by  lot,  2754;  in  districts  of 
over  5,000,  divided  into  election  precincts,  board  acts  as  judges,  2756;  to 
organize  independent  school  district,  2794;  to  organize  a  consolidated 
district,  2794-a. 

JUDGMENT,  against  a  district  paid  from  proper  fund,  2811;  if  not  paid,  voters 
vote  schoolhouse  tax  to  pay,  2811;  if  unpaid  and  no  tax  is  voted,  board  shall 
certify  to  board  of  supervisors  amount  required  to  pay,  2811;  bonds  may  be 
issued  to  pay,  2812-c;  county  or  state  superintendent  may  not  give  for  money, 
2820;  county  superintendent  shall  tax  all  costs  to  party  responsible  for  ap- 
peal, 2821;  clerk  of  court  shall  enter,  for  costs  of  appeal,  2821. 

JURISDICTION,  each  district  has  exclusive,  over  all  its  territory,  2743;  powers 
granted  by  law  apply  alike  to  all  districts,  unless  otherwise  stated,  2823. 

KINDERGARTEN,  in  any  independent  school  district,  2777;  teacher  in  must  hold 
kindergarten  certificate  from  county  superintendent,  2777. 

LAND,  for  schoolhouse  site  or  highway,  may  be  taken  by  condemnation,  2814. 

LANGUAGE,  teacher  may  have  special  certificate  for,  2736;  voters  may  determine 
that  a  foreign  language  shall  be  taught  as  a  branch,  2749;  schools  must  be 
•taught  in  English,  2749. 

LEVY  OF  TAXES,  see  Taxes. 
LIABILITIES,  see  Assets  and  Liabilities. 

LIBRARIES,  funds  for,  how  set  apart,  2823-n;  books  for,  how  purchased  and  dis- 
tributed, 2823-o;  lists  of  books  for,  how  prepared,  2823-p;  records,  how  kept, 
2823-q;  librarian,  how  selected,  2823-r. 

LIBRARY,  tax  to  procure,  may  be  voted  by  annual  meeting,  2749;  number  of  vol- 
umes in,  reported,  2765;  books,  for,  furnished  with  contingent  fund,  2783. 

LIMIT,  annual  meeting  may  vote  not  exceeding  ten  mills  for  schoolhouse  fund, 
2749;  subdistrict  may  vote  additional  schoolhouse  taxes,  but  not  to  exceed 
fifteen  mills  in  all,  2753;  not  to  exceed  $25  annually  for  each  schoolroom 
may  be  used  to  purchase  dictionaries,  library  books,  maps,  charts  and  ap- 
paratus, 2783;  of  taxes,  2806;  of  county  school  tax,  2807;  in  paying  judgment 
•  indebtedness,  only  funds  available  for  that  purpose  may  be  used,  2811;  of 
time  that  bonds  are  to  run,  shall  not  be  more  than  ten  years,  2812-e;  of  tax 
to  pay  principal  or  interest  due,  shall  not  exceed  five  mills,  2813;  real  estate 
taken  for  schoolhouse  site  not  to  exceed  one  acre,  2814;  contingent  fund 
certified  to  purchase  books  and  supplies  to  be  resold,  shall  not  exceed  $1.50 
for  each  person  of  school  age,  2825;  limit  of  indebtedness,  1306-b,  page  ; 
2820-a. 

MAJORITY  VOTE,  not  required  to  elect  director  of  subdistrict,  2751;  majority  of 
board  a  quorum,  2771;  of  board  required  to  discharge  teacher,  2782;  of  board 
required  to  expel  scholar,  2782;  of  votes  required  to  organize  an  independent 
city,  town  or  village  corporation,  2794;  of  votes  necessary  to  organize  a  con- 
solidated district,  2794-a,  2820-f,  page  77;  of  votes  cast  in  each  subdistrict, 
necessary  to  change  subdistricts  of  school  township  into  rural  independent 


INDEX  141 

MAJORITY  VOTE — Continued. 

school  districts,  2797;  of  voters  in  each  proposed  district  required  when  one 
district  in  subdivision  of  independent  district  contains  less  than  two  sec- 
tions, 2798;  of  votes  cast  in  each  district  necessary  to  unite  independent 
districts,  2799;  of  votes  cast  in  civil  township  divided  into  rural  independent 
school  districts  makes  each  rural  independent  school  district  a  subdistrict 
of  a  new  school  township,  2800;  of  all  members  of  board  necessary  to  change 
subdistrict  boundaries,  2801;  two-thirds  of  votes  necessary  to  increase  in- 
debtedness beyond  one  and  one-fourth  per  cent,  2820-d,  page  93;  majority 
of  votes  of  annual  meeting  necessary  to  authorize  board  to  change  or  dis- 
place text-books  before  expiration  of  contract,  2829:  necessary  to  adopt  county 
uniformity,  2832;  necessary  to  authorize  free  text-books,  2837. 

MAPS,  may  be  purchased  with  contingent  fund,  2783. 

MEETINGS  OF  DIRECTORS,  regular,  when  held,  2757;  special,  how  called,  2757; 
where  held,  2757;  to  elect  officers,  2757;  to  estimate  school  taxes,  2806. 

MEMBER  OF  BOARD,  see  Board  of  Directors. 

MISDEMEANOR,  in  case  of  failure  of  county  superintendent  to  make  report,  2741; 
in  case  of  breach  of  bond  of  secretary  or  treasurer,  2760;  in  case  of  violation 
of  provisions  regarding  barbed  wire,  2817;  in  case  of  wilful  failure  or  refusal 
to  perform  duty,  2822;  in  case  school  director,  teacher,  or  member  county 
board  of  education  acts  as  agent  or  dealer  in  text-books,  2834. 

MONEY,  see  Funds. 

Music,  elements  of  vocal  music  required,  2823^s;  must  be  taught  in  normal 
institute,  2823-t. 

NAME,  of  school  district,  2744. 
NARCOTICS,  see  Alcoholic  Drinks. 

NEGLECT  OF  DUTY,  in  case  of  breach  of  bond  of  secretary  or  treasurer,  president 
brings  action,  2760;  board  shall  require  performance  of  duty,  2772;  teacher 
may  be  discharged  for,  2782;  penalty  for  use  of  barbed  wire  near  schoolhouse 
grounds,  2817;  penalty  for  wilfully  failing  or  refusing  to  perform  duty,  2822; 
suit  on  bond  of  publisher  to  be  brought,  if  books  are  not  furnished  at  very 
lowest  price,  2827;  director,  officer,  teacher,  or  member  county  board  of  edu- 
cation, may  not  act  as  agent  or  dealer  in  text-books  or  supplies,  2834. 

NEWSPAPER,  notice  of  annual  meeting  in  election  precinct  published  for  two 
weeks  in,  2755;  bids  must  be  invited  by  advertisement  in,  for  four  weeks 
before  contract  to  build  may  be  made  for  more  than  $300,  2799;  financial 
statement  of  independent  school  district  published  in,  two  weeks  before 
annual  meeting,  2781;  before  purchasing  text-books,  board  of  directors  or 
county  board  of  education  must  publish  notice  in,  for  three  weeks,  2828. 

NONRESIDENTS,  board  may  contract  for  attendance  in  another  district,  2774;  may 
attend  in  another  district  by  agreement  of  boards,  2803;  may  attend  in  an- 
other district  by  concurrence  of  county  superintendent  and  board,  2803;  may 
attend  on  such  terms  as  the  board  may  determine,  2804. 

NON-USER  OF  SITE,  for  two  years,  cause  site  to  revert,  2816. 
NORMAL  INSTITUTE,  see  Teachers'  Normal  Institute. 

NORMAL  SCHOOL,  location  and  object,  2675;  controlled  by  board  of  trustees,  2675; 
officers  of  board,  2675;  treasurer  of,  to  give  bond,  2675;  board  of,  employs 
teachers,  2676;  session  of,  must  continue  at  least  26  weeks,  2676;  effects  of 
alcoholic  stimulants  must  be  taught  in,  2677;  biennial  report  of,  made  to  gov- 
ernor, 2680;  compensation  of  officers  of,  2681;  appropriation  for,  2682. 

NOTICE,  of  appointment  of  institute,  2622;  of  election  to  establish  county  high 
school,  2728;  to  teacher,  of  charges,  2734-u;  of  annual  meeting,  must  be 
posted,  2746;  for  submitting  proposition  to  voters,  2749;  of  special  meeting 
of  voters,  2750;  of  subdistrict  meeting,  2751;  of  special  subdistrict  meeting, 
2753;  in  each  election  precinct,  2755;  of  special  meeting  of  board,  2757;  given 


142  INDEX 

NOTICE— Continued . 

by  secretary  of  special  meetings  of  voters,  2763;  of  special  meeting,  2763;  of 
receipts  and  disbursements  in  independent  school  districts,  2781;  to  teacher, 
before  trial,  2782;  of  first  meeting  in  new  school  township,  2790;  for  forma- 
tion of  independent  school  district,  2794;  for  formation  of  consolidated  dis- 
trict, 2794-a;  to  elect  a  board  of  directors,  2795;  to  vote  upon  changing  to 
rural  independent  school  districts,  2797;  for  subdivision  of  independent 
districts,  2798;  for  uniting  independent  districts,  2799;  for  uniting  rural 
independent  school  districts  into  a  school  township,  2800;  of  concurrent 
consent  for  attendance,  2803;  to  president  of  apportionment  due,  2808;  to 
president  of  taxes  due,  2810;  of  meeting  to  vote  bonds,  2812-d;  to  owner  of 
bonds,  2812-f;  to  owner  of  schoolhouse  site  condemned,  2815;  of  appeal  from 
assessment,  2815;  to  secretary  to  file  transcript,  2819;  of  hearing  of  appeal, 
2819;  of  appeal  to  state  superintendent,  2820;  of  meeting  to  vote  bonds 
in  excess  of  one  and  one-fourth  per  cent,  2820-c,  page  93;  to  accept  bids 
for  text-books,  2828;  of  election  on  county  uniformity,  2831;  of  voting  upon 
free  text-books,  2836. 

OATH,  any  member  of  the  board  may  administer  oath  of  qualification  to  a  mem- 
ber elect,  and  to  the  president,  2758;  of  what  oath  consists,  2758;  of  secretary 
and  treasurer,  2760;  of  referees  to  condemn  schoolhouse  site,  2815. 

OFFICE,  see  Qualification  for  Office. 
OFFICIAL  BONDS,  see  Bonds. 

OPINIONS,  superintendent  public  instruction  shall  render,  regarding  the  school 
law,  2623. 

OBCHAED,  not  to  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

ORDERS,  secretary  shall  draw,  2762;  secretary  shall  countersign,  2762;  secretary 
shall  keep  register  of,  2762;  secretary  shall  furnish  register  of,  to  board, 
2762;  treasurer  shall  register,  2768;  treasurer  shall  pay,  2768;  must  state 
fund  on  which  it  is  drawn,  2768;  part  payment  of,  may  be  made,  2768;  un- 
paid to  draw  interest  after  indorsement,  2768;  shall  not  be  drawn  until 
claim  has  been  audited,  2780;  to  pay  judgment,  2811. 

ORGANIZATION,  of  annual  meeting,  2746;  of  subdistrict  meeting,  2751;  of  board  of 
directors,  2757;  of  new  school  township,  2790;  of  independent  school  district, 
2795;  on  or  before  first  day  of  August,  2796;  of  rural  independent  school  dis- 
tricts from  subdistricts  of  school  township,  2797;  of  independent  district  out 
of  territory  detached  from  other  independent  districts,  2798;  of  independent 
district  by  uniting  other  independent  districts,  2799;  of  school  township  from 
rural  independent  school  districts  of  civil  township,  2800;  of  new  subdistrict, 
2801;  of  county  board  of  education,  2833. 

OWNER,  in  certain  cases,  may  object  to  site  nearer  than  thirty  rods  from  his  resi- 
dence, 2814;  refusing  or  neglecting  to  give  site  or  road  thereto,  land  may  be 
taken  by  condemnation,  2815;  secures  premises  when  site  reverts,  2816. 

PARENT,  name  of,  registered  by  secretary,  2764;  list  of  heads  of  families  kept  by 
director  of  subdistrict,  2785;  school  taxes  paid  by,  in  any  independent  dis- 
trict, may  be  deducted  from  tuition  of  non-resident  child,  2804;  child  may  not 
be  required  to  read  bible  contrary  to  wishes  of,  2805;  shall  cause  child  to 
attend  school,  2823^a. 

PARK,  may  not  be  taken  by  condemnation  for  schoolhouse  site,  2814. 

PENALTY,  of  county  superintendent  for  failure  to  make  report,  2741;  board  fixes, 
in  bond  of  secretary  and  treasurer,  2760;  for  failure  or  refusal  to  perform 
duty,  2822;  shall  be  applied  to  use  of  schools,  2822;  for  failure  to  cause 
children  to  attend  school,  2823-a;  for  failure  by  officers  to  enforce  com- 
pulsory school  law,  2823-f. 


INDEX  143 

PETITION,  for  formation  of  independent  school  district,  2794;  to  form  consoli- 
dated districts,  2794-a,  page  76;  to  form  rural  independent  school  districts 
from  subdistricts  of  school  township,  2797;  for  uniting  independent  dis- 
tricts, 2799;  to  unite  rural  independent  school  districts  into  a  school  town- 
ship, 2800;  for  county  uniformity  of  text-hooks,  2831;  to  abolish  county  high 
school,  2733:  for  increasing  limit  of  indebtedness,  2820-b,  page  93. 

PHYSIOLOGY  AND  HYGIENE,  with  reference  to  effects  of  stimulants,  must  be  taught 
in  normal  school,  2677;  county  superintendent  must  report  extent  to  which 
requirements  of  the  law  are  observed,  2739;  county  superintendent  may  re- 
quire assistance  of  county  attorney  to  enforce  law,  2740;  must  be  taught 
in  all  schools,  2775;  must  be  studied  by  every  scholar,  2775;  study  of  sub- 
ject must  be  completed  in  that  class,  before  scholar  is  advanced,  2775. 

PLACE,  superintendent  public  instruction  determines,  of  teachers'  normal  insti- 
tute, 2622;  board  of  educational  examiners  meets  at  such,  as  president  may 
direct,  2629;  petition  for  establishment  of  county  high  school  must  name, 
2728;  site  for  county  high  school  must  be  selected  at  place  named  in  the 
petition,  2730;  county  superintendent  must  hold  examination  at  county  seat 
on  last  Friday,  Wednesday  and  Thursday  preceding  in  January,  June,  July 
and  October,  2731-c;  of  annual  meeting  given  in  notice,  2746;  of  subdistrict 
meeting  given  in  notice,  2751;  meetings  of  board  held  any  place  within  same 
civil  township  2757;  notice  of  special  meeting  of  board  must  specify,  2757; 
secretary  shall  post  notice  of  meetings  in  at  least  five  public  places,  2763; 
notice  shall  be  posted  at  or  near  last  place  of  meeting,  2763;  each  notice 
Bhall  state  place  of  meeting,  2763;  persons  notified  of,  where  appeal  will  be 
heard,  2819. 

PLAT,  of  subdistricts  shall  be  made  by  secretary.  2801;  written  description  of, 
shall  be  recorded  in  records  of  school  township,  2801;  copy  of,  shall  be  deliv- 
ered to  county  treasurer  and  auditor,  2801;  shall  be  recorded,  2801. 

POISONS,  see  Alcoholic  Drinks. 

POLL  BOOK,  must  be  provided  for  each  precinct  in  districts  having  5,000  or  over, 
divided  into  election  precincts,  2756;  secretary  shall  keep  full  record  in,  2761. 

POLLS,  at  elections  in  all  districts  except  those  of  5,000  or  more,  shall  open  at  1 
P.M.,  2754;  at  subdistrict  election,  shall  remain  open  not  less  than  two  hours, 
2754;  in  independent  school  districts  below  5,000,  must  remain  open  not  less 
than  five  hours,  2754;  in  rural  Independent  school  districts  and  school  town- 
ships, must  remain  open  not  less  than  two  hours,  2754;  in  districts  of  5,000  or 
over  having  election  precincts,  shall  be  kept  open  from  9  A.  M.  until  7  p.  M., 
2756. 

POPULATION,  in  districts  including  cities  of  the  first  class  or  cities  under  special 
charter,  board  consists  of  seven  members,  2754;  in  all  other  independent 
school  districts,  board  consists  of  five  members,  2754;  districts  of  5,000  or 
over  may  be  divided  into  election  precincts,  2755;  any  city,  town,  or  village, 
of  over  100  may  become  the  basis  of  an  Independent  school  district,  2794. 

POSTAGE,  for  use  of  county  superintendent,  2742;  in  appeal,  must  be  paid  by 
party  aggrieved,  2820. 

POSTING  OF  NOTICES,  see  Notice. 
PBECINCTS,  see  Election  Precincts. 

PBESIDENT,  acts  as  judge  of  election,  2746;  elected  from  board  by  ballot,  2757; 
may  call  special  meeting  of  board,  2757;  any  member  may  administer  oath 
of  qualification  to,  2758;  vacancy  in  office  of,  filled  by  appointment,  2758; 
duties  of,  2759 ;  signs  all  contracts,  2759 ;  presides  at  meetings  of  board,  2759 ; 
signs  drafts  on  county  treasurer,  2759;  appears  for  district  in  suits,  2759; 
bonds  of  secretary  and  treasurer  filed  with,  2760;  brings  action  on  breach  of 
bond,  2760;  temporary,  appointed,  2772;  signs  contract  with  teacher,  2778; 
approves  contract  made  by  director  of  subdistrict  and  reports  same  to  board, 
2785;  certifies  account  for  tuition  to  county  auditor,  2803;  receives  notice  of 
apportionment,  2808;  draws  dran  on  county  treasurer,  2810;  signs  district 
bonds,  2812-e;  must  enforce  compulsory  attendance  law,  2823-f. 


144  INDEX 

PROPERTY,  schcolhouse  or  other,  may  be  disposed  of  by  annual  meeting,  2749; 
may  be  disposed  of  by  special  meeting,  when  schoolhouse  is  destroyed,  2750; 
value  of,  reported  by  secretary,  2765;  rules  for  care  of,  made  by  board,  2772; 
schoolhouse,  may  be  fenced  by  board,  2773;  may  be  insured,  2783;  when 
schoolhouse  tax  is  levied  on  subdistrict,  county  treasurer  shall  keep  amount 
separate,  2810;  tax  on  property  of  district  shall  be  levied  by  board  of  super- 
visors to  pay  judgment  indebtedness,  2811;  tax  to  pay  bonds  shall  not  exceed 
five  mills  upon  the  dollar,  2813. 

PROPOSITIONS  SUBMITTED,  to  establish  county  high  school,  2728;  notice  of  annual 
meeting  given  by  secretary  shall  name  propositions  directed  by  the  board  to 
be  submitted,  2746 ;  board  may  give  notice  in  call  for  annual  meeting  that  cer- 
tain propositions  named  will  be  submitted,  2749;  on  written  request  of  voters, 
board  must  give  notice  that  proposition  will  be  submitted,  2749;  notice  of  sub- 
district  meeting  shall  name  amount  of  schoolhouse  tax  to  be  voted  for,  2751; 
for  special  schoolhouse  tax  by  subdistrict,  2753;  in  each  precinct  of  districts 
having  5,000  or  over  divided  into  election  precincts,  2755;  votes  for  and 
against  each,  to  be  recorded  by  secretary,  2761;  to  change  or  displace  text- 
books before  expiration  of  contract,  2829;  to  vote  on  county  uniformity,  2831; 
to  vote  on  free  text-books,  2836. 

PROPOSALS  TO  BUILD,  to  exceed  $300,  invited  by  advertisement,  2779. 
PUBLICATION,  see  Newspaper. 
PUPIL,  see  Scholar. 

QUALIFICATION  FOB  OFFICE,  of  deputy  superintendent  public  instruction,  2621; 
of  secretary  and  treasurer  normal  school,  2675;  of  trustees  county  high  school, 
2729;  of  secretary  and  treasurer  county  high  school,  2729;  by  director,  2758; 
by  president  of  board,  2758;  time  of,  for  secretary  and  treasurer,  ten  days, 
2760;  by  member  or  officer  appointed,  2771;  by  directors  of  new  independent 
school  district,  2795. 

QUALIFICATION  OF  SURETIES,  see  Sureties. 
QUESTIONS  TO  BE  VOTED  ON,  see  Propositions  Submitted. 
QUORUM,  majority  of  board  shall  constitute,  2771. 
RATE  OF  TAXATION,  see  Taxes. 

RECEIPTS  AND  EXPENDITURES,  statement  of,  made  to  annual  meeting,  2780;  in 
city  or  town  districts,  published  two  weeks  before  annual  meeting,  2781;  of 
normal  institute  fund,  must  be  published,  2738. 

RECORD,  by  superintendent  public  instruction,  2621;  by  board  educational  exam- 
iners, 2633;  by  board  trustees  normal  school,  2680;  by  board  trustees  county 
high  school,  2729;  of  examination  of  teachers,  2736;  of  result  of  voting  in  dis- 
tricts of  5,000  or  over,  divided  into  election  precincts,  2755;  of  vote  for  officers 
of  board,  made  by  secretary,  2757;  secretary  keeps  complete,  2761;  secretary 
makes  full  record  of  votes  at  annual  meeting,  2761;  secretary  prepares  regis- 
ter of  persons  of  school  age,  2764;  treasurer  keeps  account  of  receipts  and 
expenditures,  2768 ;  of  enumeration  made  by  director  of  subdistrict,  2785 ;  daily 
register  kept  by  teacher,  2789;  proper  record  made  on  plat  of  district  when 
territory  is  attached,  2791 ;  changes  in  subdistrict  boundaries,  shall  be  shown 
on  plat  of  school  township,  2801;  of  changes  in  subdistrict  boundaries  shall 
be  made  by  county  treasurer  and  auditor,  2801;  of  persons  to  whom  bonds  are 
sold,  kept  by  treasurer,  2812-f;  of  report  of  referees,  2815;  transcript  of,  in 
appeal,  certified  by  secretary,  2819;  of  costs  of  appeal  filed  with  clerk  of  dis- 
trict court,  2821;  of  proceedings  county  board  education  kept  in  office  of 
county  superintendent,  2833;  of  books  purchased  for  school  libraries,  2823-q. 

REFEREES,  to  assess  damages  when  site  is  condemned,  2815;  oath  of,  2815;  shall 
report  in  writing,  2815;  report  of,  filed  and  preserved  in  office  of  county  super- 
intendent, 2815;  either  party  may  appeal  from  assessment  by,  2815;  cost  of 
assessment  by,  paid  by  school  district,  2815. 


INDEX  145 

REGISTER,  of  voters  in  districts  of  5,000  or  over,  divided  into  election  precincts, 
furnished  and  revised,  2755;  by  secretary,  of  persons  of  school  age,  2764; 
teacher  must  keep,  2789;  files  copy  with  secretary,  2789;  of  bonds  in  office  of 
county  auditor,  2812-e;  of  persons  to  whom  bonds  are  sold,  2812-f. 

REGISTRARS,  shall  be  appointed  in  each  election  precinct  in  school  corporations  of 
5,000  or  more  inhabitants,  2755;  qualification,  duties,  and  compensation  of, 
2755. 

REGISTRATION  OF  VOTERS,  see  Register. 

REPORTS,  from  county  superintendents  preserved,  2621;  from  superintendent  pub- 
lic instruction,  2625;  of  enumeration  by  superintendent  public  instruction  to 
auditor  of  state,  2625;  from  board  educational  examiners,  2633;  from  board 
trustees  normal  school,  2680;  from  board  trustees  county  high  school,  2731; 
from  county  superintendent  annually,  2739;  of  blind,  deaf  and  dumb,  and  fee- 
ble-minded, by  county  superintendent,  2739;  copies  of,  preserved  by  secretary, 
2761;  secretary  to  make  annually,  2765;  name  and  postoffice  of  officers  re- 
ported to  county  superintendent  and  treasurer,  2766;  treasurer  to  make  an- 
nually, 2769;  director  of  subdistrict  to  make  to  secretary,  2785;  teacher  shall 
file  with  county  superintendent  such  reports  as  he  may  require,  2789;  of  in- 
terest on  permanent  school  fund,  2809;  county  auditor  of  sales  of  school 
laws,  2823-1;  from  principal  or  superintendent  of  persons  taking  teacher's 
course  in  accredited  schools,  2634-e;  from  principal  of  private  or  parochial 
school  to  secretary,  2823-b;  of  truants,  from  school  officers  to  secretary, 
2823-g;  from  county  superintendent  to  be  published,  2738. 

RESIDENCE,  of  students  in  normal  school,  2676;  of  students  in  county  high  school, 
2733;  of  voter  at  school  meeting,  2747;  of  officer  or  member  of  board,  2748;  of 
person  between  5  and  21  entitles  him  to  school  privileges,  2773;  scholars 
from  another  district  may  attend,  2803;  scholars  not  having  residence  in 
district,  may  be  admitted,  2804;  schoolhouse  may  not  be  located  by  condem- 
nation nearer  than  thirty  rods  of,  if  owner  objects,  2814. 

REVERSION,  of  schoolhouse  site  to  owner,  2816. 
REVOCATION,  of  certificate,  2731,  2734-u. 
RIGHT  TO  VOTE,  see  Voters. 
ROADS,  see  Highways. 

ROOM,  provided  for  examination  at  county  seat,  2734-c;  may  be  rented  and 
teacher  employed  for  ten  or  more  children,  2774;  kindergarten,  may  be 
established  in  independent  school  districts,  2777;  $25  annually  of  contingent 
fund  may  be  used  for  each,  to  purchase  library  books  and  apparatus,  2783; 
tuition  and  contingent  expenses  based  upon  room  in  which  child  attends,  2803. 

RULES  AND  REGULATIONS,  board  trustees  normal  school  shall  make,  2676;  prin- 
cipal county  high  school  shall  make,  2732;  board  directors  shall  make  for  its 
own  government,  2772;  for  officers  and  others,  2772;  for  care  of  schoolhouse 
and  other  property,  2772;  board  shall  aid  teachers  in  enforcing,  2782;  board 
may  expel  scholar  for  violation  of,  2782;  for  government  of  director  of  sub- 
district,  2785;  for  sale  of  books  and  supplies,  2824;  of  county  board  of  educa- 
tion, 2832;  to  govern  use  of  free  text-books,  2837. 

RURAL  INDEPENDENT  SCHOOL  DISTRICT,  corporate  name,  2744;  annual  meeting, 
2746;  number  of  directors,  2754;  polls  open  at  1  P.  M.  and  remain  open  not 
less  than  two  hours,  2754;  no  teacher  or  other  employee  eligible  as  secretary, 
2757;  change  of  boundaries  in  same  civil  township,  2793;  formation  of,  2797; 
subdivision  of,  2798;  uniting  of,  2799;  erection  into  a  school  township,  2800. 

SALARIES,  see  Compensation. 

SALE  OF  PROPERTY,   may  be   directed   by   voters,   at  regular   meeting,   2749;    a.t 
special  meeting,  2750. 
10 


146  INDEX 

SCHOLAR,  register  of  all  of  school  age  kept  by  secretary,  2764;  report  of  number 
enrolled  and  average  attendance,  2765;  report  for  deaf  and  dumb,  blind,  and 
feeble-minded,  2765;  board  shall  make  rules  for  government  of,  2772;  school- 
house  located  for  convenience  of,  2773;  board  determines  particular  school 
each  shall  attend,  2773;  must  attend  school  designated  by  board,  2773;  an 
actual  resident  shall  be  allowed  to  attend  free  of  tuition,  2773;  additional 
school  may  be  provided  for  any  ten  or  more,  2774 ;  instruction  of,  may  be  pro- 
vided for  in  another  district,  2774;  board  may  pay  transportation  of,  2774; 
must  receive  instruction  in  effects  of  stimulants,  2775;  board  may  expel,  2782; 
teacher  may  dismiss,  2782;  may  be  readmitted,  2782;  books  may  be  loaned  to, 
2783;  indigent,  may  be  supplied  with  school  books,  2783;  enumeration  of,  by 
director  of  subdistrict,  2785;  shall  be  required  to  explain  kind  and  plan  of 
articles  exhibited  at  industrial  exposition,  2786;  teacher's  register  of,  must  be 
kept,  2789;  may  attend  in  another  district,  2803;  school  age  of,  2804;  non- 
resident may  attend,  2804;  shall  not  be  required  to  read  bible,  2805;  appor- 
tionment based  on  number  of,  2808;  text-books  loaned  to,  2837;  responsible 
for  damage  to  books,  2837;  shall  be  allowed  to  purchase  books  at  cost,  2837. 

SCHOOL,  must  be  visited  by  county  superintendent,  2734-b;  must  be  visited,  when 
requested  by  board,  2734-b;  voters  may  instruct  that  added  branches  shall  be 
taught  in,  2749;  secretary  notifies  county  superintendent  when  each  begins, 
2765;  secretary  reports  to  county  superintendent  for  each,  2765;  board  pre- 
scribes course  of  study  for,  2772;  board  determines  number  of,  2773;  deter- 
mines particular  school  each  child  shall  attend,  2773;  designates  period  each 
shall  be  held,  2773;  shall  be  free  of  tuition  to  all  residents,  2773;  shall  con- 
tinue at  least  twenty-four  weeks  in  each  school  year,  2773 ;  county  superintend- 
ent may  excuse  board  from  maintaining,  2773;  shall  not  be  in  session  during 
teachers'  institute  except  by  permission,  2773;  extra  school  for  ten  or  more 
children,  2774;  board  may  secure  advantages  of  attendance  in  another  dis- 
trict, 2774;  board  may  pay  transportation  of  children  to  and  from,  2774; 
effects  of  stimulants  must  be  taught  in,  2775;  graded  or  union  may  be  estab- 
lished, 2776;  person  to  have  general  supervision  of,  may  be  selected,  2776; 
kindergarten  department  may  be  established  in  any  independent  school  dis- 
trict, 2777;  board  shall  provide  for  visiting,  2782;  scholar  expelled  from,  2782; 
scholar  dismissed  by  teacher,  2782;  library  books  and  apparatus  for  each, 
•  2783;  board  shall  provide  water-closets  for,  2784;  director  of  subdistrict  cares 
•for  schools,  2785;  industrial  exposition  in,  2786;  teacher  of,  must  hold  valid 
credential,  2788;  teacher  keeps  register  of,  2789;  files  register  of,  2789; 
attendance  in  another  district,  2803;  age  for  attendance,  2804;  attendance  of 
non-residents,  2804;  bible  not  excluded  from,  2805;  taxes  for  support  of, 
2806;  county  tax  for,  2807;  semi-annual  apportionment  for,  2808;  in  cities  or 
towns,  exempted  from  county  uniformity,  2835;  free  text-books  for,  2837; 
corporations  may  accept  bequests,  740,  page  117;  libraries,  how  selected 
and  managed,  2823-n  to  2823-t;  accredited,  what  is,  2634-c;  visitation  of  by 
board  of  examiners,  2634-c;  census  of  persons  between  7  and  14  years  of 
age,  2823-i;  fund  and  lands  under  control  of  general  assembly,  page  118. 

SCHOOL  BOARD,  see  Board  of  Directors. 

SCHOOL  BONDS,  see  Bonds. 

SCHOOL  BOOKS,  see  Text-books. 

SCHOOL  DIRECTORS,  see  Board  of  Directors. 

SCHOOL  DISTRICT,  each  existing  continues,  2743;  may  sue  and  be  used,  2743;  has 
exclusive  jurisdiction  over  territory  in,  2743;  every,  a  body  corporate,  2743; 
name  of,  2744;  board  of,  2745,  annual  meeting  of,  2746;  right  to  vote  in,  2747; 
qualifications  for  officer  of,  2748;  powers  of  voters,  2749;  special  meeting  of 
voters,  2750;  meetings  of  directors,  2757;  election  of  officers,  2757;  qualifica- 
tion of  directors,  2758;  vacancies  in  office  filled  by  appointment,  2758;  duties 
of  president,  2759;  suit  to  be  brought  in  name  of,  2759;  bonds  of  secretary 
and  treasurer,  2760;  duties  of  secretary,  2761-2767;  duties  of  treasurer, 
2768-2769;  quorum  of  board,  2771;  vacancies  in  officers  or  members  filled  by 
ballot,  2771;  schoolhouse  site  for,  2773;  division  of,  for  school  purposes,  2773; 
may  maintain  higher  schools,  2776;  all  contracts  in,  made  by  board,  2778: 


INDEX  147 

SCHOOL  DISTEICT— Continued. 

compensation  of  secretary  and  treasurer,  2780;  claims  against,  audited  by 
board,  2780;  may  have  territory  attached,  2791;  territory  restored,  2792; 
when  boundaries  are  changed,  boards  continue  to  act,  2802;  assets  and 
liabilities  divided,  2802;  arbitrators  may  be  appointed,  2802;  either  party  may 
appeal  to  district  court,  2802;  attendance  from  another  district,  2803;  taxes 
for  school  purposes  estimated,  2806;  levy  of  taxes,  2807;  apportionment  to, 
by  county  auditor,  2808;  taxes  paid  to,  2810;  judgment  paid  by,  2811;  tax  to 
pay  bonds  or  interest  due,  2813;  may  take  schoolhouse  site  by  condemnation, 
2Si4;  may  n.t  use  barbed  wire,  2817;  provisions  of  law  apply  alike  to  every, 
unless  otherwise  stated,  2823;  may  adopt  text-books  if  county  uniformity  is 
not  in  force,  2824;  may  provide  free  text-books,  2836;  may  discontinue  loan- 
ing text-books,  2837. 

SCHOOL  ELECTIONS,  see  Election. 
SCHOOL  GROUNDS,  see  Schoolhouse  Site. 

SCHOOLHOUSE,  voters  may  sell  or  otherwise  dispose  of,  2749;  voters  may  direct 
use  of,  2749;  voters  may-  provide  roads  to,  2749;  voters  may  direct  that,  shall 
be  used  for  meetings  of  public  interest,  2749;  voters  at  annual  meeting  may 
vote  tax  to  build,  2749 ;  voters  of  district  vote  tax  to  build,  at  special  meeting, 
2750;  voters  of  subdistrict  vote  tax  to  build,  2753;  notice  of  district  meetings 
shall  be  posted  at  the  door  of  each,  2763;  board  has  care  of,  2772;  site  fixed  by 
board,  2773;  site  fenced  by  board,  2773  and  2745-a;  plans  for,  approved  by 
county  superintendent,  2779;  when  built  or  repaired  to  extent  of  over  $300, 
must  be  by  advertisement,  2779;  may  be  insured,  2783;  water-closets  for, 
must  be  provided,  2784;  board  may  authorize  director  of  subdistrict  to  look 
after,  2785;  may  not  be  inclosed  with  barbed  wire,  2817;  location  of,  when 
site  is  condemned,  2814. ' 

SCHOOLHOUSE  FUND,  see  Funds. 

SCHOOLHOUSE  site,  fixed  by  board,  2773;  fenced  by  board,  2773,  2745-a;  shade 
trees  on,  2787;  in  city  or  town,  may  include  entire  block,  2814;  taken  by  con- 
demnation must  be  on  public  highway,  2814-2815;  reversion  to  owner,  2816; 
may  not  be  fenced  with  barbed  wire,  2817;  fencing  of,  2745^a,  2745-b. 

SCHOOL  LAWS,  publication  of,  2624;  in  cloth,  how  distributed,  2624;  in  paper 
covers,  how  distributed,  2624;  to  be  delivered  to  successor,  2624;  amendments 
to,  published,  2624;  amendments  to,  distributed,  2624;  volume  of,  surrendered 
to  successor,  2770;  for  sale  by  county  auditor,  2823-j  to  2823-m. 

SCHOOL  MONTH,  is  of  four  school  weeks  of  five  days  each,  2778. 
SCHOOL  OFFICER,  see  title  of  officer. 
SCHOOL  ORDERS,  see  Orders. 
SCHOOL  TAXES,  see  Taxes. 
SCHOOL  TEACHERS,  see  Teachers. 

SCHOOL  TOWNSHIP,  corporate  name,  2744;  board  of,  2745;  annual  meeting,  2746; 
number  of  directors,  2752;  polls  must  open  at  1  p.  M.  and  remain  open  not  less 
than  two  hours,  2754;  duties  of  director  in  subdistrict  of,  2785;  newly  formed, 
2790;  formed  from  rural  independent  school  districts,  2800;  divided  into  sub- 
districts,  2801;  apportionment  of  schoolhouse  tax  among  subdistricts  of,  2806. 

SCHOOL  WARRANTS,  see  Orders. 

SCHOOL  WEEK,  is  of  five  school  days,  2773;  compensation  of  teacher  may  be 
agreed  to  for,  2778. 

SCHOOL  YEAR,  see  Year. 

SECRETARY,  board  trustees  normal  school  elected,  2675;  compensation  of,  2681;  of 
board  trustees  county  high  school,  2729;  of  subdistrict  meeting,  2751;  of 
county  board  of  education,  2833. 


148  INDEX 

SECRETARY,  acts  as  judge  of  annual  election,  2746;  if  no  subdirector,  gives 
notice  of  subdistrict  meeting,  2751;  certifies  special  schoolhouse  tax,  2753; 
chosen  outside  of  board,  2757;  elected  by  ballot,  2757;  records  vote,  2757; 
in  independent  districts  no  teacher  or  other  employe  of  board  eligible  as, 
2757;  appears  in  suits  when  president  is  a  party,  2759;  gives  bond,  2760;  takes 
oath,  2760;  qualifies  within  ten  days,  2760;  files  copies  of  reports  and  papers, 
2761;  keeps  a  complete  record,  2761;  keeps  a  separate  account  of  each  fund, 
2761;  keeps  an  accurate  account  of  all  expenses,  2761;  presents  account  of 
expenses  to  board  to  be  audited,  2761;  keeps  record  of  votes  at  annual  meet- 
ing, 2761;  countersigns  warrants  and  drafts,  2762;  draws  orders,  2762;  keeps 
register  of  orders,  2762;  furnishes  board  copy  register  of  orders,  2762;  gives 
notice  of  all  meetings,  2763;  prepares  register  persons  of  school  age,  2764; 
reports  each  school  to  county  superintendent,  2765;  files  report  annually  with 
county  superintendent,  2765;  reports  name  and  postoffice  of  officers  2766;  cer- 
tifies taxes,  2767;  vacancy  in  office  of,  filled  by  board,  2771;  temporary, 
appointed,  2772;  files  contract  of  teacher,  2778;  compensation  of,  fixed  by 
board,  2780;  records  list  of  enumeration  made  by  director  of  subdistrict,  2785; 
records  order  attaching  territory,  2791;  gives  notice  of  election  to  unite  rural 
independent  school  districts  into  a  school  township,  2800;  delivers  copy  of 
description  of  subdistricts  to  county  treasurer  and  auditor,  2801;  counter- 
signs bonds,  2812-e;  files  transcript  of  record  in  appeal,  2819. 

SEMI-ANNUAL  APPORTIONMENT,  number  persons  for,  reported  to  auditor  of  state, 
2625;  number  persons  for,  filed  with  county  auditor,  2739;  taken  into  account 

*  in  estimating  teachers'  fund,  2806;  made  by  county  auditor,  2808;  not  less 
than  five  nor  more  than  fifteen  cents  per  person  of  school  age  may  be  with- 
held for  library  fund,  2823-n. 

SEX,  see  Women. 
SHADE  TREES,  see  Trees. 
SITES,  see  Schoolhouse  Site. 

SPECIAL  MEETING,  of  any  district  to  sell  property  or  vote  a  tax,  2750;  of  subdis- 
trict, 2753;  of  board,  2757;  notice  of,  2757;  may  be  called  by  president,  2757; 
may  be  called  by  written  request  of  a  majority  of  the  board,  2757;  form  of 
notice  for,  2763;  to  organize  new  township,  2790;  to  form  independent  school 
district,  2794;  to  form  a  consolidated  district,  2794-a;  to  organize  rural  in- 
dependent school  districts,  2797;  to  subdivide  independent  district,  2798;  to 
unite  independent  districts,  2799;  to  unite  rural  independent  school  districts 
into  a  school  township,  2800;  of  board  to  change  subdistrict  boundaries,  2801; 
to  estimate  school  taxes,  2806;  to  vote  bonds,  2812-d,  2820-c. 

STATE  AUDITOR,  see  Auditor  of  State. 

STATE  CERTIFICATE,  see  Certificate  and  Diploma. 

STATE  COLLEGE  OF  AGRICULTURE  AND  MECHANIC  ARTS,  act  of  congress  relating  to, 
page  120;  grant  of  land  for,  page  120;  acceptance  of  grant  by  the  state,  2645; 
to  be  governed  by  board  of  trustees,  2646;  courses  of  study,  2647;  tuition  and 
rules  of  admission,  2649;  duties  of  president,  2651;  secretary,  duties  of,  2652; 
intoxicating  liquors  not  to  be  sold  within  a  distance  of  three  miles  from,  2673. 

STATEMENT,  of  expenses  attending  official  meetings,  made  by  county  superin- 
tendent, 2742;  rendered  by  treasurer  to  board  at  any  time,  2769;  of  receipts 
and  expenditures,  made  to  annual  meeting,  2780;  in  independent  school  dis- 
tricts, published  in  newspaper,  2781. 

STATE  TREASURER,  see  Treasurer  of  State. 

STATE  UNIVERSITY,  how  governed,  2635;  powers  of  board  of  regents,  2635;  officers 
of  board,  how  elected,  and  tenure  of  office,  2635;  president  and  professors, 
how  elected,  2635;  apparatus — library,  and  cabinet  of  natural  history  of, 
2639;  object,  departments,  degrees,  2640;  reports  to  board  of  regents,  2641; 
report  by  regents  to  the  governor,  2641. 

STATIONERY,  for  use  of  county  superintendent,  2742, 
STATISTICS,  see  Reports. 


INDEX  149 

STIMULANTS,  see  Alcoholic  Drinks. 
STUDIES,  see  Course  of  Study. 

SUBDISTRICT,  a  subdivision  of  a  school  township,  2744;  director  for,  elected  for 
one  year,  2745;  right  to  vote  in,  2747;  qualifications  for  director  of,  2748;  an- 
nual meeting  of,  2751;  notice  of  amount  of  schoolhouse  tax  to  be  voted  in, 
2751;  notice  of  annual  meeting  in,  2751;  powers  of  annual  meeting,  2751; 
meeting  shall  not  organize  earlier  than  9  A.  M.,  nor  adjourn  before  12  M., 
2751;  embracing  entire  school  township,  2752;  special  meeting  of,  to  vote 
schoolhouse  tax,  2753;  vote  of  schoolhouse  tax  in,  certified  to  secretary  of 
school  township,  2753;  schoolhouse  tax  voted  by,  levied  on  subdistrict,  2753; 
director  of,  may  be  instructed  to  make  certain  contracts,  2785;  director  of, 
shall  prepare  list  children  of  school  age,  2785;  director  of,  shall  report  list 
to  secretary,  2785;  director  of,  may  hold  industrial  exposition,  2786;  may  be 
formed  from  rural  independent  school  districts,  2800;  may  be  created,  2801; 
boundaries  of,  changed  by  vote  of  majority  of  board,  2801;  boundaries  of, 
conform  to  congressional  lines,  2801;  plat  of,  to  be  made,  2801;  description 
of,  to  be  recorded  in  records  of  school  township,  2801;  copy  of  description  de- 
livered to  county  treasurer  and  auditor,  2801;  changes  in  boundaries  of, 
take  effect  first  Monday  in  March,  2801. 

SUBDISTBICT  MEETING,  held  annually,  2751;  officers  of,  2751;  special,  to  vote 
schoolhouse  tax,  2753. 

SUBPOENAS,  for  witnesses,  may  be  issued  by  county  superintendent,  2821. 

SUCCESSOR  IN  OFFICE,  all  matters  turned  over  to,  by  superintendent  public  in- 
struction, 2621;  volume  of  school  laws  to  be  turned  over  to,  2624;  appointed 
member  board  educational  examiners  not  to  succeed  himself,  2628;  director 
holds  until  successor  is  elected  and  qualified,  2758;  county  auditor  must  turn 
over  copies  of  school  laws  to,  2823-m. 

SUFFRAGE,  who  has  right  of,  2747. 

SUIT,  to  recover  penalty  from  county  superintendent,  2741;  any  district  may  sue 
and  be  sued,  2743;  president  appears  for  district  in,  2759;  of  president  is  a 
party  in,  secretary  appears  for  district,  2759;  board  may  employ  counsel  in, 
2759;  brought  against  secretary  or  treasurer  in  case  of  breach  of  bond,  2760; 
for  wilful  failure  or  refusal  to  perform  duty,  2822;  brought  in  name  of  county, 
2822;  on  bond  of  publisher  of  text-books,  2827;  against  school  officer  acting  as 
agent  for  text-books  or  supplies,  2834. 

SUPERINTENDENT  PUBLIC  INSTRUCTION,  shall  have  office  in  capitol,  2621;  may 
appoint  deputy,  2621;  files  papers,  reports,  and  documents,  2622;  keeps  record 
of  things  done,  2622;  turns  over  office  to  successor,  2622;  is  charged  with  gen- 
eral supervision  of  all  county  superintendents  and  the  common  schools,  2622; 
may  meet  county  superintendents  in  convention,  2622;  shall  appoint  teachers' 
institutes,  2622;  shall  attend  teachers'  institutes,  2622;  shall  render  opinions 
on  the  school  law,  2623;  shall  determine  cases  on  appeal  from  county  superin- 
tendents, 2623;  shall  have  school  laws  printed  and  distributed,  2624;  shall 
have  amendments  distributed,  2624;  may  subscribe  for  educational  school 
paper,  2624;  may  furnish  copy  of  paper  to  county  superintendents,  2624;  shall 
report  to  auditor  of  state  number  persons  of  school  age,  2625;  shall  report 
biennially  to  the  governor,  2625;  shall  receive  and  transmit  $50  for  each 
institute,  2626;  salary  of,  2627;  traveling  expenses  of,  2627;  is  president  board 
educational  examiners,  2628;  is  president  board  trustees  normal  school,  2675; 
receives  reports  from  county  superintendents,  2739;  approves  course  of  study 
for  graded  or  union  schools,  2776;  receives  certificate  of  qualification  of 
county  superintendent,  2809;  hears  appeal  from  county  superintendent,  2820; 
shall  not  render  a  judgment  for  money,  2820;  receives  report  from  county 
superintendent  of  list  of  text-books  adopted,  2833. 

SUPERVISION,  by  superintendent  public  instruction,  2622;  by  county  superin- 
tendent, 2735;  by  board  of  directors,  2772;  by  person  selected  by  board,  2776. 


150  INDEX 

SUEETIES,  of  treasurer  normal  school,  2675;  of  trustees  county  high  school,  2729; 
of  treasurer  county  high  school,  2729;  of  secretary  and  treasurer  of  board, 
2760;  of  contractor  to  build,  2779;  of  person  to  keep  books  and  supplies  for 
sale  for  district,  2824;  of  contractor  to  furnish  books  and  supplies,  2830; 
bonds  of  surety  companies  accepted,  2830. 

SURETY  COMPANIES,  bonds  of,  shall  be  accepted  on  bond  of  contractor  to  furnish 
text-books,  2830. 

SUSPENSION,  see  Expulsion  of  Scholar. 

TAXES,  estimated  by  board  trustees  county  high  school,  2780;  may  not  be  voted 
without  notice,  2746;  women  may  vote  upon  question  of,  2747;  voters  may 
vote  schoolhouse,  at  annual  meeting,  2749;  board  may  give  notice  that  propo- 
sition to  vote,  will  be  submitted,  2749;  board  shall  give  notice  that  proposi- 
tion to  vote,  will  be  submitted,  2749;  may  be  voted  at  a  special  election,  2750; 
notice  given  by  director  of  subdistrict  that  schoolhouse,  will  be 
voted,  2751;  voted  at  special  meeting  of  subdistrict,  2753;  shall  not  exceed 
in  all  fifteen  mills  on  the  dollar,  2753;  certified  by  secretary  of  subdistrict 
meeting,  to  secretary  of  school  township,  2753;  levied  by  board  of  super- 
visors upon  property  of  subdistrict  only,  when,  2753;  president  signs  drafts 
for  taxes  collected,  2759;  secretary  certifies  to  board  of  supervisors  amount 
fixed  for  contingent  and  teachers'  fund,  2767;  secretary  certifies  schoolhouse 
tax  voted  at  regular  or  special  meeting,  2767;  secretary  certifies  provision 
made  for  payment  of  principal  or  interest  of  bonds  due,  2767;  collected  for 
building  schoolhouses,  called  schoolhouse  fund,  2768;  collected  for  expenses 
necessary  to  keep  the  schools  in  operation,  the  contingent  fund,  2768;  col- 
lected for  the  payment  of  teachers,  the  teachers'  fund,  2768;  board  estimates 
and  publishes  amounts  necessary  to  maintain  schools,  2781;  to  purchase  free 
text-books  provided  by  board,  2783;  void  for  school  township  when  independ- 
ent school  district  is  created,  2796;  when  independent  school  district  is 
formed,  board  estimates  and  certifies  all  necessary  taxes,  and  board  of  super- 
visors levies  same,  2796;  for  teachers'  and  contingent  funds,  determined  by 
board  by  third  Monday  in  August,  2806;  limit  of,  for  contingent  fund,  2806; 
for  uniformity  of  text-books,  2825;  limit  of,  for  teachers'  fund,  2806;  on 
territory  in  adjoining  counties,  may  be  estimated  in  mills,  2806;  for  school- 
house  fund,  apportioned  among  subdistricts,  2806;  levy  by  board  of  supervi- 
sors, 2807;  levy  of  schoolhouse  tax  voted  at  special  meeting,  2807;  levy  of  one 
to  three  mills  county  'tax,  2807;  apportioned  by  county  auditor,  2808;  presi- 
dent to  be  notified  of  tax  collected,  2808;  president  issues  warrant  in  favor  of 
district  treasurer,  2808;  county  treasurer  gives  notice  of  amount  collected, 
2810;  county  treasurer  pays  to  district  treasurers  quarterly,  2810;  county 
treasurer  keeps  separate  tax  levied  directly  upon  a  subdistrict,  2810;  voters 
vote  tax  to  pay  judgment,  2811;  if  voters  do  not  vote  tax  to  pay  judgment, 
board  certifies  amount  required  to  board  of  supervisors,  who  shall  levy  tax, 
2811;  board  fixes  amount  necessary  to  pay  principal  or  interest,  if  needed, 
2813;  board  certifies  to  board  of  supervisors  not  to  exceed  $1.50  annually  for 
each  person  of  school  age,  on  contingent  fund,  for  text-books  and  supplies  to 
be  resold,  2825;  not  exceeding  five  dollars  for  each  person  of  school  age  for 
transporting  children,  2806. 

TEACHERS,  number  in  the  state  reported,  2625;  state  certificates  and  diplomas  to, 
2629;  state  certificate  to  primary  teachers,  2630-b;  certificates  of  other  states 
validated,  2630-c;  certificates  to  graduates  of  Iowa  colleges  and  normal 
schools,  2634-f;  certificates  to  graduates  of  accredited  schools,  2634-d;  shall 
have  state  certificate  or  diploma  registered  with  county  superintendent, 
2734-q;  may  attend  normal  school,  2676;  in  normal  school  reported,  2680;  in 
county  high  school  reported,  2731;  receive  blanks  and  circulars  through 
county  superintendents,  2734-b;  county  examination  of,  last  Friday  and  the 
Wednesday  and  Thursday  preceding  in  January,  June,  July  and  October 
2734-c;  special  examination,  2734-e;  examination  in  first  grade  subjects, 
2734-d;  examination  in  special  studies,  2734-e;  shall  not  be  employed  to 
teach  subjects  not  in  a  special  certificate,  2630-b,  2734-e;  first  grade 
certificate  for  term  of  three  years,  2734-g;  renewal  of  same,  2734-g; 
second  grade  certificate  for  term  not  to  exceed  two  years,  2734-h; 


INDEX  151 

TEACHERS — Continued . 

one  renewal  of,  2734-h;  third  grade,  six  months,  2734-i;  extension 
of,  2734-i;  provisional  certificates,  six  months,  2734-t;  extension  of, 
2734-t;  special  certificates,  three  years,  2734-e;  renewal  of  2734-e;  certificate 
may  be  revoked  after  an  investigation,  2734-u;  when  certificate  shall  be  re- 
voked, 2734-u;  certificates  must  be  registered,  2734-q;  fee  for  registration, 
2734-q;  normal  institut'3  held  for,  annually,  2738;  fee  for  enrolling  at  insti- 
tute, 2738;  fee  of  applicant  for  examination,  2734-p;  number  employed  re- 
ported by  secretary,  2765;  money  received  for  payment  of,  the  teachers'  fund, 
2768;  rules  and  regulations  for  government  of,  made  by  board,  2772;  must 
give  instruction  in  effects  of  alcoholic  stimulants,  2775;  in  kindergartens 
must  hold  kindergarten  certificate,  2777;  elected  by  board  in  all  cases,  2778; 
contracts  with,  what  they  must  contain,  2778;  contracts  with,  signed  by 
president  and  teacher,  2778;  contracts  with,  filed  with  secretary,  2778;  aided 
in  government  of  school  by  board,  2782;  may  'by  majority  vote  of  board  be 
discharged,  2782;  before  being  discharged  shall  have  fair  trial,  2782;  may 
temporarily  dismiss  a  scholar,  if  empowered  by  board,  2782;  may  readmit  a 
scholar,  if  dismissed  by  teacher,  2782;  may  not  be  employed  unless  having  a 
valid  certificate  of  qualification,  2788;  may  not  be  paid  from  school  funds  for 
teaching  without  a  certificate,  2788;  shall  keep  daily  register,  2789;  shall 
keep  separate  register  for  non-resident  scholars,  2789;  shall  file  copy  of 
register  with  secretary,  2789;  shall  file  reports  with  county  superintendent, 
2789;  may  not  act  as  agent  or  dealer  in  text-books  or  supplies,  2834;  course 
in  accredited  schools,  2634-c;  must  pass  an  examination  in  the  elements  of 
vocal  music,  2823-s;  library  books  may  be  loaned  to,  2823-r;  shall  be  respon- 
sible for  care  of  library,  when,  2823-r;  must  report  violations  of  compulsory 
school  law,  2823-g. 

TEACHER'S  CONTRACT,  see  Contracts. 

TEACHERS'  NORMAL  INSTITUTES,  appointed,  2622;  must  remain  in  session  at  least 
six  days,  2622;  superintendent  public  instruction  shall  attend,  2622;  aided  by 
state  appropriation  of  $50  annually,  2626;  county  superintendent  shall  hold 
annually,  2738;  registration  fee  from  each  person  attending,  2738;  institute 
fund,  2738;  board  of  supervisors  may  appropriate  additional  sum  for,  2738; 
disbursement  of  fund  shall  be  only  for  services  rendered  or  expenses  incurred, 
2738;  elements  of  vocal  music  must  be  taught  in,  2823-t;  report  of  expendi- 
tures to  be  published,  2739. 

TERM  OF  OFFICE,  member  board  educational  examiners  appointed  for  four  years, 
2628;  of  member  board  trustees  county  high  school,  2729;  of  member  board  of 
directors,  2745;  of  treasurer  in  independent  city  and  town  districts,  2754;  of 
president  of  board,  2757;  of  secretary  and  treasurer,  2757;  of  member  board 
of  directors  appointed,  2758;  director  shall  hold  office  for  the  term  to  which 
he  is  elected,  2758;  and  until  his  successor  is  elected  and  qualified,  2758;  at 
end  of,  books  shall  be  surrendered  to  successor,  2770;  when  independent 
school  district  is  organized,  2795. 

TERRITORY,  each  district  has  exclusive  jurisdiction  over  all,  therein  contained, 
2743;  contained  in  ward  or  other  division  of  district  for  school  purposes,  2773; 
of  new  civil  township  constitutes  a  school  township,  2790;  may  be  attached  to 
adjoining  district,  if  natural  obstacles  intervene,  2791;  restored  to  district  to 
which  it  geographically  belongs,  2792;  change  of  boundary  lines  between 
independent  districts  in  same  civil  township,  2793;  contiguous,  may  be  in- 
cluded in  independent  school  district  at  formation,  2794;  taxes  void  upon 
part  of,  included  in  independent  school  district,  2796;  may  be  detached  from 
independent  districts  to  form  new  independent  district,  2798;  in  every  case  of 
transfer  of,  division  of  assets  and  liabilities  must  be  made,  2802;  school  tax 
on,  in  independent  district  where  non-resident  child  attends,  shall  be  de- 
ducted from  tuition,  2804. 

TESTIMONY,  taken  in  trial  of  an  appeal,  2819;  witnesses  may  be  subpoenaed  to 
give,  in  trial  of  an  appeal,  2821. 


152  INDEX 

TEXT-BOOKS,  used  by  county  high  school  reported,  2731;  used  in  district  reported 
2765;  furnished  to  Indigent  children,  2783;  purchased  and  loaned  with  contin- 
gent fund,  2783;  board  of  directors  certifies  sum  authorized  under  district 
uniformity,  2806;  board  of  directors  in  county  not  having  uniformity  may 
adopt,  2824;  may  contract  for  and  buy,  2824;  books  and  supplies  to  be  under 
charge  of  board,  2824;  board  may  select  persons  within  the  county  to  keep 
books  and  supplies  for  sale,  2824;  bonds  shall  be  required  of  person  keeping 
books  and  supplies  for  sale,  2824;  paid  for  out  of  the  contingent  fund,  2825; 
amount  certified  annually  to  secure,  not  to  exceed  $1.50  for  each  person  of 
school  age  in  the  district,  2825;  no  debt  shall  be  contracted  to  purchase,  2825; 
in  purchasing,  books  in  use  must  be  taken  into  consideration,  2826;  board  may 
arrange  for  exchange  of,  2826;  must  be  furnished  at  very  lowest  price,  2827; 
before  purchasing,  notice  for  bids  must  be  given,  2828;  before  accepting  bid, 
competent  persons  may  be  consulted,  2828;  change  in,  not  to  be  made  within 
five  years,  unless  by  vote  of  electors,  2829;  samples  of,  filed  in  office  of  county 
superintendent,  2830;  samples  kept  for  public  inspection,  2830;  bond  taken 
from  contractor,  2830;  bonds  of  surety  companies  to  be  accepted,  2830;  peti- 
tions for  county  uniformity  of,  2831;  if  county  uniformity  carries,  county 
board  of  education  contracts  for,  2832;  depositories  for  sale  of,  arranged  for, 
2832;  list  of,  reported  by  county  superintendent  to  state  superintendent,  2833; 
school  officers  not  to  be  agents  for,  2834;  cities  and  towns  exempted  from 
county  uniformity,  2835;  cities  and  towns  may  buy  same  books  if  electors  so 
decide,  2835;  question  of  free  text-books  submitted,  2836;  if  voted,  board 
shall  procure  books  to  be  loaned,  2837;  board  shall  adopt  rules  and  regula- 
tions for  preservation  of,  2837;  any  scholar  allowed  to  purchase  at  cost,  2837; 
no  free  text-books  supplied  until  needed,  2837;  loaning  of,  may  be  discon- 
tinued, 2837. 

TIE  VOTE,  how  determined,  2754. 

TIME,  of  holding  teachers'  normal  institute  fixed  by  superintendent  public  in- 
struction, 2622;  that  annual  meeting  will  be  in  session  must  be  stated  in 
notice,  2746;  that  subdistrict  meeting  will  be  held  shall  be  stated  in  notice, 
2751;  that  polls  must  remain  open,  in  different  districts,  2754;  that  special 
meeting  of  board  shall  be  held  must  be  given  in  notice,  2757;  secretary  and 
treasurer  shall  qualify  within  ten  days,  2760;  of  meeting,  stated  in  notice, 
2763 ;  teacher  must  be  given  reasonable  time  to  make  defense  against  charges, 
2782;  appeal  must  be  taken  within  thirty  days,  2818;  secretary  must  send 
transcript  within  ten  days,  2819;  county  superintendent  notifies  persons 
when  appeal  will  be  heard,  2819;  thirty  days'  notice  of  the  appeal  must  be 
given  by  the  appellant,  2820;  thirty  days'  notice  of  special  election  to  vote 
bonds  in  excess  of  one  and  one-fourth  mills,  2820-a. 

TOWN,  may  become  basis  of  independent  school  district,  2794. 
TOWNSHIP,  see  Civil  Township,  and  School  Township. 

TRANSCRIPT,    secretary   shall   be   notified   by   county   superintendent  to   furnish, 

2819 ;  secretary  shall  certify  transcript  to  be  correct,  2819 ;   after  transcript  is 

filed,  county  superintendent  shall  notify   in   writing  where  appeal   will   be 

heard,  2819;  of  costs  in  appeal  filed  in  office  of  clerk  of  court,  2821;  tax-levy 

for,  2806. 

TRANSFER,  a  surplus  in  the  schoolhouse  fund  may  be  transferred  to  teachers'  or 
contingent  fund  by  annual  meeting,  2749;  of  territory  to  adjoining  district, 
2791;  restoration  of  territory  to  district  in  which  it  geographically  belongs, 
2792;  by  change  of  boundaries  between  independent  districts  in  same  civil 
township,  2793;  assets  and  liabilities  must  be  divided  in  case  of,  2802. 

TRANSPORTATION  OF  CHILDREN,  board  may  arrange  for,  2774. 
TREASURER,  of  normal  school,  2675;  of  county  high  school,  2729. 

TREASURER,  in  city  and  town  districts,  chosen  by  the  electors,  2754;  chosen  out- 
side the  board,  2757;  elected  by  ballot,  2757;  gives  bond,  2760;  takes  oath  of 
office,  2760;  has  ten  days  in  which  to  qualify,  2760;  receives  all  moneys, 
2768;  pays  out  moneys,  2768;  keeps  account  of  receipts  and  expenditures. 


INDEX  153 

TREASURER — Continued. 

2768;  registers  all  orders,  2768;  keeps  separate  account  with  each  fund,  2768; 
makes  partial  payments,  2768;  indorses  unpaid  orders,  2768;  renders  state- 
ment of  finances,  2769;  makes  annual  report  to  board,  2769;  files  copy  of 
report  with  county  superintendent,  2769;  vacancy  in  office  of,  filled  by  board, 
2771;  compensation  fixed  by  board,  2780;  draws  money  from  county  treasury, 
2808;  receives  taxes  quarterly,  2810;  keeps  record  of  persons  to  whom  bonds 
are  sold,  2812-f ;  proceeds  of  sale  of  school  laws  to  be  paid  to  county  treasurer, 
2823-k. 

TREASURER  OF  STATE,  board  of  educational  examiners  pays  fees  to,  2631. 

TREES,  number  in  thrifty  condition  to  be  reported,  2765;  board  shall  have  twelve 
or  more  growing  on  each  schoolhouse  site,  2787;  for  failure  or  neglect  to  pro- 
test, county  superintendent  shall  call  attention  of  board,  2787;  ground  in- 
cluded in  orchard,  may  not  be  taken  for  schooihouse  site  by  condemnation, 
2814. 

TRIAL,  before  state  certificate  or  diploma  may  be  revoked,  2631;  before  certificate 
of  teacher  may  be  revoked  by  county  superintendent,  2734-u;  before  teacher 
may  be  discharged  by  board,  2782;  of  appeal  to  county  superintendent,  2819; 
of  appeal  to  superintendent  of  public  instruction,  2820. 

TRUANT  OFFICERS,  how  appointed,  2823-e;  duties  of,  2823-e;  compensation  of, 
2823-e;  must  enforce  provisions  of  the  compulsory  school  law,  2823-f;  penalty 
for  failure  to  enforce  law,  2823-f. 

TRUANT  SCHOOLS,  board  of  directors'  may  establish,  2823-d;  rules  governing, 
2823-d;  punishment  of  insubordinate  children,  2823-d. 

TRUSTEES,  see  Board  of  Trustees. 

TUITION,  in  normal  school,  2676;  in  county  high  school,  2733;  average  cost  per 
month  for  each  scholar,  reported  by  secretary,  2765;  every  school  free  of,  to 
actual  residents,  2773;  may  be  paid  by  board  in  another  district,  2774;  boards 
may  agree  upon,  2803;  when  child  attends  by  consent  of  board  and  county 
superintendent,  2803;  for  non-resident  children,  fixed  by  board,  2804;  school 
tax  paid  by  parent  whose  non-resident  child  attends,  may  be  deducted  from, 
in  independent  district,  2804;  in  State  College  of  Agriculture  and  Mechanic 
arts,  2649;  in  State  Normal  School,  2679. 

UNIFORMITY  OF  TEXT-BOOKS,  see  Text-books. 
UNION  SCHOOLS,  see  Graded  Schools. 
UNIVERSITY,  see  State  University. 
UNKNOWN  OWNER,  see  Owner. 

VACANCY  IN  OFFICE,  of  trustee  county  high  school,  how  filled,  2729 ;  in  board  of 
directors,  filled  by  appointment,  2758;  of  officer  or  member  of  board,  filled  by 
ballot,  2771. 

VILLAGE,  may  become  basis  for  independent  school  district,  2794. 

VISITATION  OF  SCHOOLS,  by  county  superintendent  mandatory,  2734-b;  by 
county  superintendent  upon  request  of  a  majority  of  the  board,  2734-b;  pro- 
vided for  by  board,  2782;  visitation  of  accredited  schools,  2634-c. 

VOTERS,  of  district  hold  annual  meeting,  2746;  who  may  vote,  2747;  powers  of,  at 
annual  meeting,  2749;  powers  of,  at  special  meeting  of  district,  2750;  of  sub- 
district,  hold  annual  meeting,  2751;  special  meeting  of  subdistrict,  to  vote 
schoolhouse  tax,  2753;  register  of,  in  districts  of  5,000  or  over,  divided  into 
election  precincts,  2755;  petition  for  formation  of  independent  school  district, 
2794;  vote  on  formation  of  independent  school  district,  2794;  vote  to  form 
consolidated  district,  2794-a;  vote  on  forming  independent  districts  from  sub- 
districts,  2797;  vote  on  subdividing  independent  district,  2798;  vote  on 
uniting  independent  districts,  2799;  vote  on  uniting  rural  independent  school 
districts  into  a  school  township,  2800;  vote  tax  to  pay  judgment  indebted- 
ness, 2811;  in  independent  school  districts,  vote  to  issue  bonds  for  original 
indebtedness,  2812jb;  vote  to  issue  bonds  in  excess  of  one  and  one-fourth 


154  INDEX 

VOTERS — Continued . 

per  cent,  2820-a;  authorize  board  to  change  or  displace  text-books,  2829;  vote 
upon  county  uniformity,  2832;  in  cities  and  towns,  authorize  board  to  adopt 
books  used  in  county  uniformity,  2835;  authorize  free  text-books,  2836;  direct 
the  loaning  of  text-books  discontinued,  2837. 

WARD,  school  tax  paid  by  guardian  of  non-resident,  in  an  independent  district, 
deducted  from  tuition,  2804. 

WARDS,  district  divided  into,  or  other  divisions,  for  school  purposes,  2773. 
WARRANTS,  see  Orders. 

WATER-CLOSETS,  board  shall  give  special  attention  to  matter  of,  2784;  in  inde- 
pendent school  district,  shall  be  separated  by  solid  or  continuous  barrier, 
2784;  approaches  to  outside  doors  of,  separated  by  close  fence,  2784;  must  be 
kept  in  wholesome  condition  and  good  repair,  2784. 

WITNESSES,  may  be  subpoenaed  in  appeal  by  county  superintendent,  2821;  attend- 
ance of,  may  be  compelled,  2821;  compensation  of,  2821. 

WOMEN,  one  member  board  educational  examiners  must  be  a  woman,  2628; 
county  superintendent  may  be  a  woman,  2734-b;  right  to  vote  on  taxes  or 
issuing  bonds  not  denied  to  women,  2747;  any  school  officer  or  member  of 
board  may  be  a  woman,  2748;  shall  not  be  prohibited  from  voting  at  elec- 
tions at  which  they  are  entitled  to  vote,  2755. 

WRITTEN  CONTRACT,  see  Contracts. 

YEAR,  for  organization  of  board,  2757;  for  election  of  secretary  and  treasurer 
by  board,  2757;  for  enumeration  by  secretary,  2764;  for  report  of  secretary 
to  county  superintendent,  2765;  for  report  of  treasurer  to  county  superin- 
tendent, 2769;  minimum,  for  school  purposes,  2773;  for  school  purposes  com- 
mences first  day  of  July,  2773;  for  financial  statement  to  be  published,  2781; 
for  enumeration,  by  director  of  subdistrict,  2785;  for  organization  of  school 
township,  2790;  for  division  of  school  township  into  subdistricts,  2801;  for 
certifying  of  taxes  regularly  voted,  2806 ;  for  certifying  and  levying  of  school- 
house  tax  voted  at  special  meeting,  2807. 

YOUTH,  see  Enumeration,  and  Scholar. 


BLANK  FORMS. 


155 


BLANK  FORMS 


NUMBER   1— SECTION   2734-u. 
(MAKE  IN  DUPLICATE) 

REVOCATION    OP    TEACHER'S    CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
,    Iowa,...  .__190 


To. 


You  are  hereby  notified  that  a  certificate  to  teach,  granted  to 

dated 190___,    is  hereby  revoked  in  accordance  with  the  provisions 

of  section  2734-u,   the  said  revocation  to  take  effect  from  and  after 190__ 


County  Superintendent. 


NUMBER  2— SECTION   2738. 

APPLICATION    FOR    TEACHERS'    INSTITUTE. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

„ County,  Iowa, ,  190___. 

To  the  Superintendent  of  Public  Instruction: 

I  desire  to  hold days  of  institute  during  the  school  year  ending  June 

30,   190 ,  as  follows:     days  commencing 190 , 

at ,    and days  commencing 190 , 

at I  have  also  appointed  subject  to  your  approval  the  follow- 
ing persons  to  assist  in  said  institute. 

You  are  hereby  requested  to  appoint  the  institute  for county  at 

the  places  and  on  the  dates  above  named,  and  to  approve  the  faculty  submitted  below. 


County  Superintendent. 

NOTE — One   of    the    sessions   must    be    of    at   least    six    consecutive    working    days' 
duration. 

Institute  Faculty  for  the  Session  Commencing 190 


Names. 

Address. 

Subjects  Assigned. 

Conductor  : 

Assistants  : 

• 

For  the  Preliminary  or  Supplemental  Session  Commencit 

ig                     190  

Conductor  : 

Assistants  : 

156 


BLANK  FORMS. 
NUMBER   3—  SECTION   2738. 


MONTHLY    REPORT    OF    EXAMINATION    FEES,    INSTITUTE    FUND. 

' ,    Treasurer County. 

Dear  Sir — Inclosed  find Dollars  received  from  fees  for  the 

month  of 19 ,   collected  from  the  following  named  persons : 

g 
Name  of  Applicant  Received        *&          Name  of  Applicant  Reived 

1    $ 26    $. 

*  *  *******  * 

49  ... 

50  ... 

Total $. 

I  hereby  certify  that  the  above  report  is  correct. 

Iowa,  

County  Superintendent. 
,   190 

NUMBER   4— SECTION    2738. 

REPORT    OF    INSTITUTE     ENROLLMENT     FEES,     INSTITUTE     FUND. 

,    Treasurer County. 

Dear   Sir — Inclosed   find Dollars   received   from  enrollment   fees 

for  the  normal   institute   held   at commencing and 

continuing __days. 

No.  Name  of  Teacher  R^ved       No-  Name  of  Teacher  Revived 

1 $ 151 

2 

*  *  *******  * 

149 299    [.. 

150    State  appropriation   . . 

Total |$. 

I  hereby  certify  that  the  above  report  is  correct. 

Iowa,  

County  Superintendent. 
,   190___. 

NUMBER   5— SECTION    2734-p. 

MONTHLY  REMITTANCE  OF  EXAMINATION  FEES  TO  THE  TREASURER  OF  STATE. 
OFFICE  OF  COUNTY  SUPERINTENDENT, 

County,    Iowa , 

190_— 

Hon ,  Treasurer  of  State,  Des  Moines,  Iowa: 

Dear  Sir — Inclosed  find  Dollars,   being  one-half  of  the  exam- 
ination fees  collected  during  the  month  of 190—,   as  provided   in   section 

2734-p. 

_, 190.  County   Superintendent. 


BLANK  FORMS.  157 

NUMBER  6— SECTION  2738. 

RECEIPT    FOR    INSTITUTE    FUND. 
$ 

Received  of county  superintend- 
ent,  Dollars   institute   fund    for   the    month    ending 190_. 

Iowa.  

190—  County    Treasurer. 


NUMBER   7— SECTION    2738. 
ORDER  ON  COUNTY  AUDITOR. 
OFFICE  OF  COUNTY  SUPERINTENDENT, 
County,    Iowa, 


190.... 

$ 

To Auditor County: 

Please  draw  and  deliver  to a  warrant  upon  the 

Institute  Fund  for Dollars,  as  by  duly  verified  bill  No 

accompanying  this  order. 


No County  Superintendent. 


NUMBER    8— SECTION    2746. 

NOTICE    OF   ANNUAL    MEETING. 

Notice  is  hereby  given  to  the  qualified  electors  of  the 

of ,  in  the  county  of ,  state  of  Iowa, 

that  the  annual  meeting  of  said  district  will  be  held  at on 

the  second  Monday  in  March,  190..,  at o'clock m.,  and  closing  at o'clock m. 

A  director  will  be  elected  for  a  term  of years  to  succeed 

,  one  for years,  to  succeed 

,  and  __. 

The  meeting  will  be  open  for  the  transaction  of  such  business  as  may  fegally  come 
before  it,  and  the  board  has  directed  that  the  following  propositions  shall  be  sub- 
mitted to  and  determined  by  the  voters : 


.190__  Secretary. 


NUMBER   9— SECTION   2746. 

PROCEEDINGS    OF    ANNUAL    MEETING. 

March 190__ 

The  electors  of  the in  the 

county  of state  of  Iowa,  assembled  at pur- 
suant to  notice.  The  meeting  was  called  to  order  by  the  president  at o'clock__m. 

The  secretary  being  absent, was  elected  secretary. 

The  order  of  business  and  powers  of  the  meeting  were  stated  by  the  president.  It 

was  moved  by seconded  by , 

that  the  ballots  provide  for  voting  upon  a  tax  of Dollars 

for  schoolhouse  purposes. 

Carried votes  for  and votes  against. 

On  motion  of seconded  by ,  it 

was  voted  that  the  ballots  provide  for  voting  a  tax  of  Eight  Hundred  Dollars 
for  the  purpose  of  building  a  schoolhouse  in  subdistrict  No 

It  was  ordered  that  the  ballots  afford  opportunity  to  vote  upon  the  proposition 

to  transfer Dollars  of  unused  schoolhouse  fund  to  the 

teachers'  (contingent)  fund. 

The  polls  for  voting  were  opened  at minutes  after ...o'clock. 

At minutes  after o'clock  the  polls  were  closed,  the  ballots  were 

counted,  and  the  vote  upon  the  several  matters  voted  upon  was  in  each  case  as  follows : 


The   time    required   by   law   during  which   the   meeting   must   be   kept   open   having 
passed,   the  meeting  adjourned  at minutes  after o'clock. 


Secretary,  Chairman.. 


168  BLANK  FORMS. 

NUMBER  10— SECTION  2746. 

CERTIFICATE    OF    ELECTION. 

We  hereby  certify  that  at  the  annual  meeting  of  the in 

the  county  of state  of  Iowa,   held  on  the  second  Monday 

in  March,    190—,   was   duly 

elected of  said  district,   for  a  term  of years, 

to  succeed - 


Judges  of  President. 

Election   |  '  -"Secretary. 

190..  —-Judge"of"Election. 


NUMBER  11— SECTION  2761. 

NOTICE   OF    SUBDISTRICT    MEETING. 

Notice  is  hereby  given  that  a  meeting  of  the  qualified  voters  of  subdistrict  No 

of  the  school  township  of in  the  county  of ,  state 

of  Iowa,  will  be  held  at on  the  first  Monday  in  March,  190— , 

at o'clock m.,  for  the  election  of  a  director  and  for  the  transaction  of  such 

other  business  as  may  legally  come  before  it.     The  question  whether Hundred 

Dollars  schoolhouse   tax   shall  be  voted  upon   the  property  of  the   subdistrict  will   be 
determined  by  ballot  at  such  meeting. 


-190__  Director  of  Subdistrict  No 


NUMBER  12— SECTION  2761. 

PROCEEDINGS    OF   ANNUAL    SUBDISTRICT    MEETING. 

March 190.. 

The  voters  of  subdistrict  No ,  of  the  school  township  of in 

the  county  of ,  state  of  Iowa,  met  pursuant  to  notice. 

, was  appointed  chairman,  and. secretary 

of  the  meeting. 

The  chairman   announced   the  powers  of  the  meeting. 

The  polls  were  opened  at minutes  after o'clock.  At minutes 

after o'clock  the  polls  were  closed,  and  the  judges  proceeded  to  count  the  bal- 
lots. For  director votes  were  cast  for ,  votes 

for ,  and votes  for ,  upon 

which was  declared  elected  director  for  the 

ensuing  year,  and  he  was  given  his  certificate  of  election.  Upon  the  proposition  to  vote 

a  schoolhouse  tax  of Hundred  Dollars  upon  this  subdistrict,  votes 

were  cast  for  the  tax,  and against  the  tax.  It  was  declared  that  the 

vote  was__— __——__———-____— 

At minutes  after. o'clock,  on  motion  of the 

meeting  adjourned. 


Secretary.  Chairman. 


NUMBER  13— SECTION  2751. 

CERTIFICATE   OF  ELECTION   FOR  DIRECTOR   OF   SUBDISTRICT. 

We  hereby  certify  that  at  the  annual  meeting  of  subdistrict  No ,  of  the 

school  township  of ,  in  the  county  of ,  state 

of  Iowa,  held  on  the  first  Monday  in  March,   190...  was 

duly  elected  director  of  said  subdistricL 

Judges  of  I  Chairman. 

Election  ) 

Secretary. 
190- 


NUMBER  14— SECTION  2753. 
CERTIFICATE   OF   TAX   TOTED   BY    SUBDISTRICT    MEETING. 

To _,  Secretary  Board  of  Directors  of  the  School  Township 

of : 

I  hereby  certify  that  the  voters  of  subdistrict  No of  the  school  township 

of ,  in  the  county  of ,  state  of  Iowa,  at 

the meeting  held 190—,  voted  a  tax 

of— — Dollars  for  the  erection  of  a  schoolhouse  in  said  subdistrict. 


Secretary  of  Subdistrict  Meeting. 


BLANK  FORMS.  159 

NUMBER   15 — SECTION    2760. 
BOND    OF    SECRETARY    OR    TREASURER. 

Know  all  Men  by  These  Presents:  That  I, ,  as  principal, 

and and as  sureties,  of 

the in  the  county  of ., ,  state  of 

Iowa,  are  held  and  firmly  bound  unto  the in  the  said  county  and 

state,  in  the  penal  sum  of — Dollars,  to  be  paid  to  the 

said ,  for  which  payment,  well  and 

truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  administrators  firmly  by 
these  presents. 

The  condition  of  this  obligation  is  that  as of 

the ,  in  the  county  of state  of  Iowa, 

he  will  render  a  true  account  of  his  office  and  of  his  doings  therein  to  the  proper 
authority,  when  required  thereby  or  by  law ;  that  he  will  promptly  pay  over  to  the 
officer  or  person  entitled  thereto  all  moneys  which  may  come  into  his  hands  by  virtue 
of  his  office;  that  he  will  promptly  account  for  all  balances  of  money  remaining  In  hi* 
hands  at  the  termination  of  his  office;  that  he  will  exercise  all  reasonable  diligence  an  : 
care  in  the  preservation  and  lawful  disposal  of  all  money,  books,  papers,  securities,  or 
other  property  appertaining  to  his  said  office,  and  deliver  them  to  his  successor,  or  -* 
any  other  person  authorized  to  receive  the  same ;  and  that  he  will  faithfully  anu 
impartally,  without  fear,  favor,  fraud  or  oppression,  discharge  nil  duties  now  or 
hereafter  required  of  his  office  by  law ;  and  the  sureties  on  such  bond  shall  be  liable 
for  all  money  or  public  property  that  may  come  into  the  hands  of  such  officer  :.t  any 
time  during  his  possession  of  such  office. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this day 

of...  190.. 


S» re  tics. 

STATE  OF  IOWA, County,  ss. 

I, .,    do  solemnly  swear   (or  affirm)   th«i»   I  will 

support  the  constitution  of  the  United  States  and  the  constitution  of  the  stale  of  Iowa, 
and  that  I  will  faithfully  and  impartially,  to  the  best  of  my  ability,  discharge  all  the 

duties  of  the  office  of  secretary   (or  treasurer)   of  the. .,„ In   tlie  county 

of ,  state  of  Iowa,  as  now  or  hereafter  required  by  law. 


Subscribed  and  sworn  to  before  me  by  the  above  named— ...this 

._ day  of 190._ 

In  testimony  whereof  witness  my  hand  and  official  seal. 


(Seal.)  Notary  Public. 

STATE  OF  IOWA, County,  ss. 

I, ,  being  duly  sworn,  depose  and  say 

that    I    am    a    resident    freeholder    of    the    state    of    Iowa,    and    am    worth    the    sum 

of Dollars  beyond  the  sum  of  my  debts,   and  have 

property  liable  to  execution  in  this  state  equal  to  the  sum  of , Dollars. 


Subscribed  and  sworn  to  before  me  by  the  above  named— 

this day  of 190.. 

In  testimony  whereof  witness  my  hand  and  official  seal. 


(Seal.)  Notary  Public. 


NUMBER  a 6— SECTION   2762. 

DRAFT    ON    THE    COUNTY    TREASURER. 

190- 

To ,   County   Treasurer: 

Pay  to ,   treasurer  of  the in 

the  county  of ,  state  of  Iowa, Dollars  teachers' 

fund Dollars  schoolhouse  fund,  and Dollars 

contingent  fund,  being  the  amount  of  tax  collected  and  due  this  district  for  the  quarter 
ending 190..,  as  shown  by  your  notice  of 190— 


Secretary.  President. 


NUMBER  17— SECTION   2762. 

ORDER   ON   DISTRICT   TREASURER. 
$ 

190— 

To.. _ ,  Treasurer  of  the. 

Pay    to or    order.. Dollars 

from  the fund,  for -» 

'"Secretary"'  'President. 


160 


BLANK  FORMS. 


NUMBER   18— SECTION   2762. 

ORDER    REGISTER    OF    SECRETARY    AND    TREASURER. 


t-l 

i 

I    a; 

1 

Date 

In  Whose  Favor 
Drawn 

For  What  Purpose 

1* 

+3  a  a 
C  v  d 

3 

QJ  *H 

o  ^  *H 

o&c-S 

^ 

H 

OQ 

Q 

1 

April  7,  190 

John  Smith.    .. 

Teaching  school  ... 

$  45.00 

April  7    190 

A   J   Adams 

Repairs  on  schoolhouse 

$       5  00 

*       

3 

April  7,  190  .. 

Joel  B.  Young     ..  . 

Fuel  

$    5  66 

4 

May  10,  190.... 

Thomas  Harrison  .  . 

Erection  of  schoolhouse  .. 

125.00 

5 

May  14,  190.... 

Sarah  Johnson  

Teaching  school  

63.74 

NUMBER   19— SECTION   2764. 

REGISTER   OF  PERSONS    OF   SCHOOL  AGE. 


Names 

AI 

?e 

5  9 

OJ        " 

Parents  or  Guardians 

Children 

1 

3 

§rt«3 
€»** 

<! 

Reasons  for  Non- 
attendance 

NOTE — Read   section    2823-i. 


NUMBER    20— SECTION    2766. 

CERTIFICATE    OF    COUNTY    OFFICERS. 

I  hereby  certify  that  at  a  meeting  of  the  board  of  directors  of  the held 

on  the day  of 190__,  the  following  officers  were  elected 

and  have  qualified  according  to  law: 

,  to  the  office  of  president,  postoffice — - 

,  to  the  office  of  secretary,  postoffice— 

,  to  the  office  of  treasurer,  postoffice 

,  to  the  office  of  truant  officer,   postoffice 

190__  

Secretary. 
Members  of  the  Board. 


Name 

Address 

Name 

Address 

BLANK  FORMS. 


161 


NUMBER  21— SECTIONS  2749-2750. 

CERTIFICATE   OF   TAXES. 


To   the  Board  of  Supervisors County: 

I  hereby  certify  that  the  board  of  directors  of  the  school  township  of 

county  of ,  state  of  Iowa,  has  estimated  amounts  for  the  different 

funds  as  follows.: 


Fund 

Amount 

Fund 

Amount 

Teachers'  (Sec  2806) 

$  

Schoolhouse  (Sec.  2813) 

$ 

Contingent  (Sec.  2806)                  

*School  Building  Bond  (Sees    2768 

and2813)  

I  certify,   also,  that  the  qualified  electors  of  said  school  corporation,   at  a  regular 

meeting  held  on  the day  of 190__.  voted  the  following 

taxes  of  the  property  of  the  school  corporation : 


Fund 

Amount 

Fund 

Amount 

*Schoolhouse  (Sec   2149) 

$ 

*  School  Building  Bond  (Sees.  2749 
and  2768)  

$  

.190. 


Secretary. 


*  Taxes  voted  by  the  electors  or  estimated  by  the  board  to  pay  on  "school  building 
bonds,"  should  be  placed  in  the  "school  building  bond  fund."  Taxes  voted  by  the  elect- 
ors for  any  other  purpose  belong  in  the  "schoolhouse  fund." 


NUMBER  22— SECTIONS   2767  AND  2806. 


CERTIFICATE    APPORTIONING    TAXES. 


To  the  Board  of  Supervisors  of County: 

I  hereby  certify  that  a  tax  voted  by  the  voters  of  the  school  township  of 

in  the  county  of ,  state  of  Iowa,  of Dollars 

for  echoolhouse  purposes,    has  been  apportioned  by  the  board  of  directors  among  the 
subdistricts  as  follows: 

Upon    subdistrict   No.    1 Dollars. 

Upon    subdistrict    No.    2 Dollars. 

Upon    subdistrict    No.    3 Dollars. 

Upon   subdistrict    No.    4 1 Dollars. 

Upon    subdistrict   No.    5 Dollars. 


.190. 


Secretary. 


NUMBER   23— SECTION   2767. 

CERTIFICATE   OF    TAX    VOTED    BY    A    SUBDISTRICT. 

To  the  Board  of  Supervisors  of County: 

I  am  directed  by  the  board  of  directors  of  the  school  township  of in 

the  county  of state  of  Iowa,  to  certify  that  the  voters  of  sub- 
district  No of  said  township,  at  a  meeting  held 190__,   voted 

that Dollars  be  raised  on  the  property  within  the  sub- 
district  for  schoolhouse  fund. 


.190. 


Secretary. 


162 


BLANK  FORMS. 


NUMBER    24 — SECTION    2768. 
TREASURER'S  ACCOUNT. 


.Treasurer,  in  account  with  teachers'  (schoothouse-  or 
contingent)  fund. 

DR. 


Sept. 
Oct. 
Jan. 
April 
April 
July 

28,  190.. 
5,  190.. 
4,  190.. 
5,  190.. 
5,  190.. 
5,  190.. 

To  cash  received  of  county  treasurer,  semi-annual  apportionment 
To  cash  received  of  county  treasurer,  district  tax  
To  cash  received  of  county  treasurer,  district  tax. 

$      270.00 
75.00 
150.00 
197.00 
135.00 
100.00 

To  cash  received  of  county  treasurer,  district  tax  

To  cash  received  of  county  treasurer,  semi-annual  apportionment 
To  cash  received  of  county  treasurer,  district  tax  

Treasurer,  in  account  with  teachers'  fund.         CR. 

Oct. 

13,  190.   . 

By  cash  paid  James  Hogan,  on  order  No.  1 

$      136  00 

Oct. 

13,  190.   . 

By  cash  paid  Sarah  Smith,  on  order  No.  3     

89  00 

Nov. 

14,  190.   . 

By  cash  paid  Nicholas  Hoover,  on  order  No.  4  

135  00 

May 

3,  190.   . 

By  cash  paid  Louisa  Martin,  on  order  No.  7  

82  00 

May 

4,  190.   . 

By  cash  paid  Jas.  M.  Higgins,  on  order  No.  10 

115  00 

May 

4,  190.   . 

By  cash  paid  Stephen  Phelps,  on  order  No.  11  

175  00 

May 

5,  190.   . 

By  cash  paid  Amelia  Mason,  on  order  No.  13  

95.00 

To. 


NUMBER   25— SECTION   2771. 

CERTIFICATE    OF    APPOINTMENT. 


You    are    hereby    notified    that    at    a    meeting    of    the    board    of    directors    of    the 

,  in  the  county  of ,  state  of  Iowa,  on 

the day  of 190__,   you  were  appointed of 

said to  fill  a  vacancy  occasioned  by  the A___ 

of.__ 


.190. 


Secretary. 


NUMBER   26— SECTION   2Y73. 


DEED   FOR   SCHOOLHOUSE    SITE. 

Know  all  Men  by  These  Presents:    That  we, ^___,  and 

,  of  the  county  of ,  state  of 

Iowa,   in  consideration  of  the  sum  of Dollars  in  hand  paid,  do 

hereby  sell  and  convey  unto  the ,    in   the  county 

of ,    state   of  Iowa,   the   following  described   premises, 

situated  in  the  county  of ,  state  of  Iowa,  to-wit :  (Here  describe 

the  premises.) 

And  we  do  hereby  covenant  with  the  said that  we 

are  lawfully  seized  of  said  premises  ;  that  they  are  free  from  incumbrance  ;  that  we  have 
good  right  and  lawful  authority  to  sell  the  same  ;  and  we  do  hereby  covenant  to  warrant 
and  defend  the  title  to  the  said  premises  against  the  lawful  claims  of  all  persons 
whomsoever. 


Signed  this day  of 190__ 

STATE  OF  IOWA, County,  ss. 

On  this day  of 190__,  before  me,  a  notary  public  in  and 

for  said  county,    personally  came and 

personally  to  me  known  to   be  the   identical   persons  whose   names   are  affixed   to   the 
above  deed,   for  the  purposes  therein  expressed. 

Witness  my  hand  and  notarial  seal  this___ —day  of 190.. 


(L.  S.) 


Notary  Public. 


NUMBER   27— SECTION   2773. 

LEASE    OF    SCHOOLHOUSE    SITE. 

Know  all  Men  by  These  Presents:    That of  the  county 

of __,  state  of  Iowa,  for  the  consideration  hereinafter  mentioned,  does 


BLANK  FORMS.  163 

Tiereby  release  unto ,  president  of  the  board  of  directors  of 

the — ,  in  the  county  of ,  state  of  Iowa, 

or  his  successor  in  office,  for  the  use  of  said for  school  pur- 
poses, the  following  described  premises,  situated  in  the  county  and  state  aforesaid, 
to-wit :  (Here  describe  the  lot  or  parcel  of  ground)  together  with  all  the  privileges 

thereto  belonging,  for  the  term  of from  the day 

of 190- 

The  said ,  president  as  aforesaid,  or  his  successor 

In  office,  hereby  agrees  to  pay  the  said for  the  use  of 

said  premises,  the rate  of Dollars,  to 

be  paid  at  the  expiration  of  this  lease. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this day 

of 190- 

Signed   in   duplicate  


President. 


NUMBER  28— SECTION   2778. 

CONTRACT    BETWEEN    BOARD    AND    TEACHER. 

This  contract  between ,  a  teacher 

of county,  Iowa,  and ,  president 

board  of  directors  of  the— in  the  county 

of ,  state  of  Iowa,  witnesseth : 

That  the  said - agrees  to  teach  the  public 

school  in of  said  district  for  the  term  of weeks, 

-commencing  on  the day  of 190__,  and  well  and  faith- 
fully to  perform  the  duties  of  teacher  in  said  school,  according  to  the  law,  and  the 
rules  legally  established  for  the  government  thereof,  including  the  exercise  of  due 
diligence  in  the  preservation  of  the  school  buildings,  grounds,  furniture,  apparatus  and 
other  school  property. 

In  consideration  of  said  services,  the  said as 

president  of  the  board,  in  behalf  of  said agrees 

to  provide  a  suitable  and  comfortable  room  for  said  school,  to  keep  the  same  in  repair, 
to  provide  the  supplies  necessary  for  the  comfort  and  progress  of  the  school  and  to 

pay  the  said the  sum  of Dollars 

.a  month  for school  months,  at  the  end  of 

Witness  our  hands  this day  of 190__ 


Teacher. 


President. 

NOTE — Any  other  matters  agreed  upon  between  the  board  and  the  teacher  should  be 
incorporated  in  the  contract. 


NUMBER    29— SECTION    2779. 

PROPOSALS    FOR   ERECTION     (OR    REPAIR)    OP    SCHOOLHOUSE. 

Notice  is  hereby  given  that  the  proposals  for  the  erection  (or  repair)  of  a  schoolhouse 

in  the ,  in  the  county  of ,  will  be  received 

by  the  undersigned,  at  his  office  in (where  plans  and 

specifications  may  be  seen),    until   1   o'clock  p.  m 190..,   at 

which  time  the  contract  will  be  awarded  to  the  lowest  responsible  bidded.    The  board 
reserves  the  right  to  reject  any  or  all  bids. 

190__  Secretary. 


NUMBER  30— SECTION   2779. 

CONTRACT    FOR    BUILDING    A    SCHOOLHOUSE. 

Contract  made  and  entered  into  between of  the 

county  of ,  state  of  Iowa,  and . ,  in 

behalf  of  the ,  in  the  county  of— ,  state 

of  Iowa,  and  his  successors  in  office. 

In  consideration  of  the  sum  of Dollars,  to  be  paid  as  herein- 
after specified,  the  said hereby  agrees  to  build  a 

schoolhouse  and  to  furnish  the  material  therefor,  according  to  the  plans  and  specifica- 
tions for  the  erection  of  said  house  hereto  appended,  at - 

in'safdl"  L-   Th8  «ald1h<niae  to  to  be  biittt  of"ll»  best  matertal  "in  a 

substantial,    workmanlike    manner,    and    to    be    completed    and    delivered    to    tne    said 


164 


BLANK  FORMS 


— — — ------- — or  his  successors  In  office,  free  from  any  lien  for 

work  done  or  material  furnished,  on  or  before  the day  of 190. 

And   in    case   the   said   house    Is   not   finished    by    the    time    herein    specin~e~dr~fhe~  said 

shall  forfeit  and  pay  to  the  said 

or  his  successors  in  office  for  the  use  of  said —I— I the'sum 

of Dollars,  and  shall  also  be  liable  for  all  d'amages  that 

may  result  to  said in  consequence  of  said   failure. 

The  said ,   or  his  successors  in  office,  in  behalf  of 

said ,  hereby  agrees  to  pay  the  said the 

sum  of Dollars  when  the  foundation  of  said  house  is 

finished;  and  the  further  sum  of Dollars  when   the 

walls  are  up  and  ready  for  the  roof ;  and  the  remaining  sum  of Dol- 
lars when  the  said  house  Is  finished  and  delivered  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sublet,  transferred,  or  assigned, 
without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ISO- 


President. 


NUMBER  31— SECTION   2779. 
BOND   FOR   PERFORMANCE   OF   CONTRACT. 

Know  all  Men  by  These  Presents:  That  we, ,  as 

principal,  and— - — and as 

sureties,  of  the  county  of ,  state  of  Iowa,  are  hefd  and  firmly  bound 

unto  the ,  in  the  county  of state  of  Iowa, 

in  the  penal  sum  of Dollars,  for  the  payment  of  which, 

well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  administrators  and  assigns, 
jointly,  severally  and  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  said 

has  this  day  entered  into  a  written  contract  with 

as  president  of  the  board  of  directors  of  the ,  hi  the  county 

of ,  state  of  Iowa,  and  his  successors  in  office,  for  the  erection 

and  completion  of  a  schoolhouse  in  said by  the day 

of 190__,  according  to  the  plans  and  specifications  for  the 

construction  of  said  house  appended  to  said  contract. 

Now,  therefore,  if  the  said shall  faithfully  and 

fully  comply  with  all  the  stipulations  of  said  contract,  then  this  obligation  shall  be 
void,  otherwise  'to  remain  in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this day 

of 190— 


Principal. 


Sureties. 


NUMBER    32— SECTION    2785. 

LIST    OF    PARENTS    AND    CHIU>REN,    KEPT    BY    DIRECTOR. 


Age—1 

rears 

a| 

Parents  or  Guard- 

Names  of  Children 

« 

«ot- 

non-attend- 

« 

Q 

*!* 

ance 

% 

Q 

John  Smith 

Peter  Smith 

10 

40 

See  below 

Eliza  Smith   

12 

100 

James  Jones 

William  Jones 

8 

80 

Charles  Peters  (ward) 

15 

120 

Anna  Byron  

James  Byron  

12 



See  below 

NOTE — Read  section  2823-i. 


BLANK  FORMS. 


165 


NUMBER  33—  SECTION  2789. 
TEACHER'S  DAILY  REGISTER. 

Register  of  the  school  taught  in  subdistrict  No  of  the  school  township  of  county  of  ,  state 
of  Iowa,  for  the  term  commencing  May  18,  190  ,  and  closing  190  
Teacher. 

Branches  Studied 

NoxE-The  board  should  supply  each  schoolroom  in  the  district  with  a  bound  copy  of  school  register.  In  the  above  form,  E  indicates  the 
date  of  entrance;  \,  absence  in  the  forenoon;  '  ,  absence  in  the  afternoon;  20,  twenty  minutes  late  in  the  forenoon;  lOe,  ten  minutes  late  in  the 
afternoon,  excused.  The  absence  of  marks  indicates  that  the  scholar  was  present  the  entire  day.  Absence  at  roll-call  is  Indicated  by  a  dot, 
which  is  afterward  changed  by  figures,  or  a  diagonal  mark,  as  the  circumstances  require;  *,  indicates  branch  studied. 

I  hereby  certify  that  the  above  is  a  faithful  and  correct  register  of  said  school. 

SOUOOJBU 

* 

*               »               » 

^JOJSIH  'S  'Q 

« 

A'SOIOISA'IIJ 

» 

aBraraBao 

*                                * 

AqdBaSoao 

* 

* 

oijatn 

•                                * 

otjara 

• 

*               »               * 

8UHIJM. 

• 

*               *               * 

SUIPB8H 

* 

*               »               * 

AUdBaSoxuao 

* 

»               •               * 

ni  aonBpu9ttv  IBIOJ, 

9 

a         a         s 

s 

& 

<-3 

d 

o 
Q 

XJBUI 
-rans  ^raaaM. 

5 

so                to                to 

s'-j 

fm, 

S"^ 

X 

S"X 

e- 

t  "It 

t- 

-rane/i"?^ 

•<* 

62  "d 

• 

82  ''qj, 

5 

LZ'-A^ 

i 

9Z'M 

5 

9Z"R 

X 

X.IBIU 

Ift                        10                        *« 

MS 

ZZ  ''d 

&> 

12  "m, 

X 

OZ'-Ai 

s- 

GT'-J, 

81  "W 

WWW 

W 

"5 

e 

88V 

s         ^         °° 

a 

1 

1 

03 

fe 

2 

j    i 

i      1 

00         i 

g 

a         3 
w          ^ 

Charles  Peters 

aaqranN 

M 

*• 

166 


BLANK  FORMS. 


NUMBER    34— SECTION    2789. 
TEACHER'S  TERM  REPORT. 

Register  of  the  school  taught  in  subdistrict  number ,  of  the  school  township 

of ,   in  the  county  of ,  state  of  Iowa,  for 

the  term  commencing  on  the  18th  day  of  May,  190..,  and  ending 190.. 


Pupils 


Name 


Attendance  in  Days 
for  Weeks  Com- 
mencing— 


Branches  Studied 


>> 

0,ift     «:0 


aiS 

M  i  & 


a 

3 


o 


Peter  Smith. 


Eliza  Smith. 


William  Jones.. 


Charles  Peters. 


10 


4.5 


12 


4.5 


4.5 


I  hereby  certify  that  the  above  is  a  faithful  and  correct  register  of  said  school. 

^Teacher. 

NUMBER   35— SECTION   2803. 

NOTICE    PERMITTING    ATTENDANCE    FROM    ANOTHER    DISTRICT. 

To ,  Secretary  of  the  Board  of  Directors  of 

Notice  is  hereby  given  that and , 

children  residing  in  the ,  have  been  granted  permission  by  the  board 

and  county  superintendent  to  attend  school  in ,   commencing  on 

the day  of 190— ,  for  a  term  of months. 

190..  "  ""President. 

'Secretary. 

NUMBER  36— SECTION  2808. 
NOTICE  OP  SEMI-ANNUAL  APPORTIONMENT. 

OFFICE  OF  COUNTY  TREASURER, 

,    190_. 

To ,  President  of  the 

You   are   hereby   notified    that   according   to    the    semi-annual    apportionment   made 

this  day  by  the  county  auditor,  as  provided  by  section  2808,  the  sum  of 

Dollars  is  due  the ,  in  the  county  of ,  state  of  Iowa. 

County  Treasurer. 

NUMBER  37— SECTION   2809. 

CERTIFICATE  OF  ELECTION  OF  COUNTY  SUPERINTENDENT. 
OFFICE  OF  COUNTY  AUDITOR, 

_.,    190_. 

I  hereby  certify  that was  elected  to  the  office  of 

county  superintendent,  for  the  term  commencing  January ,   190— 

His   postoffice  address   is ,   Iowa. 

County  Auditor. 


BLANK  FORMS.  167 

NUMBER   38 — SECTION   2809. 

CERTIFICATE    OF    QUALIFICATION     OF    COUNTY     SUPERINTENDENT. 

OFFICE  OF  COUNTY  AUDITOR,, 

,    190_. 

I  hereby  certify  that has  duly  qualified  for  the 

office  of  county  superintendent  for  the  term  commencing  January 190 

His  postoffice  address  is Iowa. 


County  Auditor. 


NUMBER   39— SECTION   2810. 
NOTICE  OP  SCHOOL  TAX  COLLECTED. 

OFFICE  OF  COUNTY  TREASURER, 

190. 


To ,  President  of  the  Board  of  Directors  of  the. 

You  are  hereby  notified  that  the  amount  now  collected  and  due  the 

in county,    state  of  Iowa,  is : 

$ teachers'   fund.       $ schoolhouse  fund. 

$ contingent  fund.    $ school  building  bond  fund. 


County  Treasurer. 


NUMBER  40— SECTION  2815. 

APPLICATION    FOR   APPOINTMENT    OF    REFEREES. 

To ,    Superintendent    of County: 

In  accordance  with  the  action  of  the  board  of  directors  of  the 

you  are  hereby  requested  to  appoint  three  disinterested  persons  to  inspect,  and  assess 
the  damages  which  the  owner  will  sustain  by  appropriating  for  school  purposes,  the 
following  described  real  estate : 


.190__  President. 

'Secretary. 


NUMBER   41— SECTION   2815 

APPOINTMENT    OF    REFEREES. 

To and 

You  are  hereby  appointed  and  constituted  a  board  of  reierees,  under  the  provisions 
of  section  2815,  to  assess  the  damages  which  the  owner  will  sustain  by  the  appropriation 
for  school  purposes,  of  the  following  described  real  estate: 


in ,  in  the  county  of ,  state  of  Iowa, 

containing  one  acre  of  land,   exclusive  of  highway. 

You  will,  therefore,  on  the day  of _190— ,  at o'clock__m., 

proceed  to  examine  the  real  estate  above  described,  and  assess,  under  oath,  the  cash 
damages  which  the  owner  will  sustain  by  the  appropriation  of  said  land  for  school 
purposes,  and  immediately  thereafter  report  to  me  in  writing  the  amount  of  said 
damages. 


„ 190_.  County  Superintendent. 

OATH    OF    REFEREES. 

We,    and  

do  solemnly  swear  that  we  will  well  and  truly,  and  to  the  best  of  our  abilty  perform 
all  the  duties  imposed  upon  us  by  the  foregoing  commission. 


Subscribed  and  sworn  to  before  me  by 

and this day   of 190. 


Notary  Public. 


168  BLANK  FORMS. 

NUMBER  42 — SECTION   2815. 

NOTICE    TO    OWNER    OF    REAL    ESTATE. 

To ,     County: 

You  are  hereby  notified  that  I  have  this  day  appointed  referees  to  assess  the  dam- 
ages which  the  owner  will  sustain  by  the  appropriation  for  school  purposes  of  the 
following  described  real  estate : 


Said  referees  will  meet  at  the  above  described  real  estate  on  the day 

of 190.-,  at o'clock—in.,  and  assess  said  dam- 
ages as  provided  by  law. 


.190—  County  Superintendent. 


NUMBER  43— SECTION   2815. 

REPORT    OF    REFEREES. 

To ,  Superintendent  of County: 

We,  the  undersigned,  appointed  to  assess  the  dameges  which  the  owner  will  sustain 
by  the  appropriation  for  school  purposes,  of  the  following  described  real  estate: 

do'nereby  report  that  we  have  o"n  this day  of"—"—". .".  — . "— T90_Ycare~fuffy 

examined  said  described  real  estate  and  have  assessed  the  damages  at 

Dollars. 


.190-.  Referees. 


NUMBER  44 — SECTION   2815. 

NOTICE  OF  ASSESSMENT   OF  DAMAGES. 

To ,    County: 

You  are  hereby  notified  that  referees  were  appointed  to  assess  the  damages  which 
the  owner  would  sustain  by  the  appropriation  for  school  purposes  of  the  following 
described  real  estate: 


and  that  said  referees  met  at  said  premises  on  the day  of 190—, 

and  assessed  said  damages  at Dollars,  as  shown  by 

their  report  on  file  in  my  office. 


.190—  County  Superintendent. 


NUMBER  45— SECTION   2818. 

AFFIDAVIT   OF   APPEAL. 

STATE  OF  IOWA, County,  ss. 


V. 

SCHOOL    TOWNSHIP    OF 

I, ,  being  duly  sworn,  on  oath,  say:  That  on 

the day  of 190—,  the  board  of  directors  of  said  school 

township  rendered  a  decision  (or  made  an  order)  whereby  (here  state  facts  showing 
affiant's  interest  in  the  decision  and  the  injury  to  that  interest);  that  said  board  in 
rendering  the  decision  (or  making  the  order)  aforesaid,  committed  errors  as  follows. 
(Here  state  the  errors  charged.) 


Subscribed  and  sworn  to  by . before  me,  this day 

of—  190- 


Notary  Public. 


NUMBER  46 — SECTION  2819. 

NOTICE    OF    APPEAL. 

STATE  OF  IOWA,..        County,  ss. 


To IIIIII IIIIIIII II II — _,  Secretary  Board  of  Directors  of  the  School 

Township  of .' 

You  are  hereby  notified  that has  filed  in  my  office  an 


BLANK  FORMS.  169 

affidavit  alleging  that  said  board  of  directors,  on  the day  of 190—, 

made  a  decision  (or  an  order)  whereby  (here  describe  the  decision  or  order  so  that  the 
secretary  may  identify  it),  and  claiming  an  appeal  therefrom.  You  are  therefore  re- 
quired within  ten  days  after  receiving  this  notice,  to  file  in  my  office  a  complete  tran- 
script of  the  record  of  the  proceedings  of  the  board  relating  to  said  order,  together  with 
copies  of  all  papers  filed  with  you  pertaining  to  said  action  appealed  from. 

190—  County  Superintendent. 

NUMBER  47— SECTION   2819. 

CERTIFICATE  TO   SECRETARY'S   TRANSCRIPT. 

If ,  secretary  of  the  board  of  directors  of  the  school 

township'of— ~— ,  in  the  county  of ,   state  of 

Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript  of  the 
record  of  all  proceedings  of  the  board  and  of  all  papers  filed  relating  to  the  case 


.190—  Secretary. 


NUMBER  48 — SECTION   2819. 

NOTICE   OF    HEARING   OF   APPEAL. 

STATE  OF  IOWA,—         County,  ss. 


v. 

SCHOOL    TOWNSHIP    OF J 

To 

You  are  hereby  notified  that  there  is  on  file  in  this  office  a  transcript  of  the  pro- 
ceedings of  the  board  of  directors  of  the  school  township  of at 

a  meeting  held  on  the day  of 190__,  in  relation  to 

(here  describe  the  decision  or  order  appealed  from)  from  which  appeal  has  been  taken  ; 

and  that  the  said  appeal  will  be  heard  before  me  at on  the day 

of 190—,  at o'clock— m. 


.190 County  Superintendent. 


NUMBER   49— SECTION   2820. 

CERTIFICATE   TO    COUNTY    SUPERINTENDENT'S    TRANSCRIPT. 

I, ,   superintendent  of county, 

state  of  Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript  of 
the  records  of  all  proceedings  had,  testimony  given  and  papers  filed  in  my  office,  and 
my  rulings  thereon,  also  of  my  decision  in  the  case v 


.190—  County  Superintendent. 


NUMBER   50— SECTION   2824. 

BOND   FOR   SALE   OF   BOOKS    AND   SUPPLIES. 

Know  all  Men  by  These  Presents:  , 

That  we, ,  of  the  county  of ,  as 

principal,    and and as    sureties, 

are  held  and  firmly  bound  unto  the in  the  county  of ,  state 

of  Iowa,   in  the  penal  sum  of Dollars,  for  the  payment 

of  which  we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these 
presents. 

The    condition    of    the    foregoing    obligation    is,    that    whereas    the    above    named 

is  to  take  charge  of,   care  for,   and  account 

for  all  text-books  and  supplies,  and  to  return  all  moneys  received  from  the  sale  of 
such  books  and  supplies  to  the  contingent  fund  of  said  district;  now,  if  the  said 

shall  promptly  pay  over  to  the  treasurer  of  the 

district  all  money  which  may  come  into  his  hands  from  the  sale  of  books  and  supplies, 
and  shall  account  in  full  at  any  time  for  all  books  and  supplies  coming  into  his  hands, 
and  shall  deliver  to  any  person  or  officer  authorized  to  receive  the  same,  all  books  and 
supplies  unsold,  and  make  full  settlement  as  required  by  law,  then  this  bend  to  be  void, 
otherwise  in  full  force. 

Signed  this.— .—day  of 190. 

""Principal. 
Sureties. 


170  BLANK  FORMS. 

NUMBER   51— SECTION   2828. 

NOTICE    TO    PUBLISHERS    OF    TEXT-BOOKS. 

Notice   is   hereby   given   that   in   accordance  with   law,   bids   will   be   received   up   to 

of   the day   of 190... 

by at for  the  following 

text-books  and  supplies  for  the  use  of  the  schools  of  said 

Approximate  Number  Needed  for  First  Supply. 

Readers  First  to  Fifth,  inclusive 

Arithmetics,    two    books 

Speller  

Geographies,   two   books 

United  States  History 

Grammar    

Language  Lessons  

Copy  Books,   1-5,  inclusive 

Physiology    

Approximate  number  in  attendance  upon  the  schools  of  said dur- 
ing the  year  190 

Samples   of  all   text-books   included   in   any   bid  must   be   deposited   and   remain   in 
the  office  of  the  county  superintendent. 

The  board  reserves  the  right  to  reject  any  or  all  bids,  or  any  part  thereof. 


.190__  President. 

'Secretary. 


NUMBER   52— SECTION   2830. 

BOND    OP    CONTRACTOR    TO    FURNISH    TEXT-BOOKS. 

Know  all  Men  by  These  Presents: 

That  we, of ,  as 

principal,  and ,  as  sureties, 

are  held  and  firmly  bound  unto  the in  the  penal  sum 

of Dollars  to  be  paid  to  the  said for 

which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and 
administrators  firmly  by  these  presents. 

The  conditions  of  the  above  obligation  are  such  that  if  the  above  bounden 

shall  well  and  truly  fulfill  and  comply 

with  all  the  obligations  of  their  contract  made  on  the day  of 190__, 

with  the  aforesaid 

Sroviding  for  the  furnishing  of  school  text-books  at  prices  an(f  on  conditions  set  forth 
i  their  said  contract,  a  copy  of  which  said  contract  is  hereto  attached  and  made  a  part 
hereof,  then  this  obligation  to  be  void ;  otherwise  to  rejnain  in  full  force  and  effect. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this day 

of—  ...190__ 


Principal. 
Sureties. 


•NUMBER  53— SECTION   2831. 

PETITION    FOR    COUNTY    UNIFORMITY. 

To ,  County  Superintendent: 

We,  the  undersigned,  holding  the  office  of  school  director,  ask  for  the  adoption 
of  a  uniform  series  of  text-books  in  the  schools  of  this  county,  and  that  you  take 
steps  to  submit  the  question  to  the  electors  of  the  county,  at  the  annual  school  meeting 
in  March,  as  provided  by  law.  T 


Names 

District  Name 

Township 

.190. 


BLANK  FORMS. 


171 


NUMBER   54— SECTION   2831. 

PROPOSITION    AND    BALLOT    FOR    COUNTY    UNIFORMITY. 


Shall  there  be  a  uniform  series  of  school  text-books  in 

Iowa?    Write  yes  or  no  in  the  square  to  the  right. 


.county, 


NUMBER   55— SECTION   2758. 

OATH  OF  PRESIDENT  OR  DIRECTOR. 

STATE  OF  IOWA,_ County,  ss. 

I, ,  do  solemnly   swear    (or  affirm)    that  I  will 

support  the  constitution  of  the  United  States,  and  the  constitution  of  the  state  of  Iowa, 
and  that  I  will  faithfully  discharge  the  duties  of *as  now  or 

hereafter  required  by  law. 

Sworn  to  before  me  and  subscribed  In  my  presence  "by  tlie  said 

this day  of _— A.   D.   190__ 

*  Director  of  subdistrict  or  president  of  the  board,  as  the  case  may  be. 
NUMBER  56— SECTIONS   2823-n  TO  2823-r. 

ORDER   FOR   LIBRARY    BOOKS. 

To   the city   of state   of _: 

I  have  been  authorized  to  order  the  following  books  for  the  school  library  in 

the district  (No ),  of ,  township  of , 

county  of ,  state  of  Iowa. 

Enclosed  find  money  order  or  bank  draft  for  $ ,  in  full  payment  of  the 

same. 

No. Copies  rr.-t,-  Catalogue      wt  Prip<i 

Wanted  Number 

Dol.       Cts. 

33^"  Always  fill  out  this  blank  carefully  and  plainly: 

Ship  via R.  R.       Signed 

Secretary 

10 P.  O.  Address 

R"  R'  Station County 

County state 

State ; 190.. 

NUMBER  57— SECTION  2823-b. 

NOTICE  TO  PRINCIPAL  OF  PRIVATE  OR  PAROCHIAL  SCHOOL. 

Office  of  secretary,  board  of  directors  of  the district 

(No ),   township  of ,  county  of ,   state  of 

Iowa. 

190__ 

To ,  Principal  of : 

As  provided  in  section  2,  chapter  128,  acts  of  the  Twenty-ninth  General  Assembly, 
within  ten  days  from  the  receipt  of  this  notice,  you  will  please  make  a  certified  report 
to  this  office,  giving  the  names,  ages,  and  days  of  attendance  of  all  pupils  in  your 

school   for  the  preceding  year,   beginning and 

ending— 

'Secretary, 
'posioflice. 


172 


BLANK  FORMS. 


NUMBER  58— SECTION  2823-b. 

NOTICE   TO    ANY    PERSON    HAVING    CONTROL    OF    CHILD,    FROM    SEVEN    TO    FOURTEEN    YEARS    OF 
AGE,    UNDER    PRIVATE    INSTRUCTION. 

Office   of  secretary,   board  of  directors  of   the district 

(No )    township  of ,   county  of ,    state 

of  Iowa. 

_      190 

To , 

Iowa: 

As  provided  in  section  2,  chapter  128,  acts  of  the  Twenty-ninth  General  Assembly, 
within  ten  days  from  the  receipt  of  this  notice,  you  will  please  make  a  certified  report 
to  this  office  stating  the  name  and  age  of  the  child under  your  control  now  re- 
ceiving private  instruction,  and  the  period  of  time  during  which  said  child ha 

been  under  such  private  instruction  within  the  preceding  year,   beginning 

190—,  and  ending 190__ 


Secretary. 


Postofflce. 


NUMBER  59 — SECTION  2823-b. 

REPORT    OF    ATTENDANCE    AND    WORK    IN   PRIVATE   OR   PAROCHIAL    SCHOOL    OR    UNDER    PRIVATE 

TUTOR. 


Studies  Pursued 

Name  of  Pupil 

Date  Enrolled 

Days 
Attend 

s 

s 

6C 

d 

0 

i 

3 

I 

"o 

S 

s 

- 

1—1*00 

Name  of 
Parent  or 
Guardian 

§ 

73 

+•> 

— 

^ 

OQ 

• 

tc 

eS  d 

I 

o 

1 

'U 

3 

I 

& 

Jj 

o 

s 

^ 

NUMBER  «0 — SECTION  2823-q. 

REPORT  BY  THACHBRS,  COUNTY  SUPERINTENDENTS,  SCHOOL  OFFICERS,  OR  EMPLOYEES,  *TO  THE 
SECRETARY  OF  THE  SCHOOL  CORPORATION  CONCERNING  VIOLATIONS  OF  THE  LAW  FOR 
COMPULSORY  EDUCATION. 

.190. 


To ,   Secretary   of   the  Board   of 

Directors  of Distrct  (No )  township  of ,  county 

of . .,  state  of  Iowa: 

I  hereby  certify  that  I  have  reason  to  believe  that and , 

children  between  the  ages  of  seven  and  fourteen  years,   are  not  attending  school   as 

required  by  the  provisions  of  chapter  128,  acts  of  the  Twenty-ninth  General  Assembly 

providing  for  compulsory  education. 


BLANK  FORMS.  173 

INDEX  TO  FORMS. 


NO.    PAGE. 

Revocation  of  Teachers'  Certificate 1  155 

Application  for  Teachers'  Normal  Institute 2  155 

Monthly  Report  of  Examination  Fees,  Institute  Fund 3  156 

Report  of  Registration  Fees,  Institute  Fund 4  156 

Monthly  Remittance  to  State  Treasurer 5  156 

Receipt  for  Institute  Fund 6  157 

Order  on  Institute  Fund 7  157 

Notice  of  Annual  Meeting 8  157 

Proceedings  of  Annual  Meeting 9  157 

Certificate  of  Election 10  158 

Notice  of  Subdistrict  Meeting 11  158 

Proceedings  of  Annual  Subdistrict  Meeting 12  158 

Certificate  of  Election  of  Director  of  Subdistrict 13  158 

Certificate  of  Tax  Voted  by  Subdistrict  Meeting 14  158 

Bond  of  Secretary  or  Treasurer 15  159 

Draft  on  County  Treasurer 16  159 

Order  on  District  Treasurer 17  159 

Order  Register  of  Secretary  and  Treasurer 18  160 

Register  of  Persons  of  School  Age 19  160 

Certificate  to  County  Officers 20  160 

Certificate  of  Tax 21  161 

Certificate  Apportioning  Tax 22  161 

Certificate  of  Tax  Voted  by  a  Subdistrict 23  161 

Treasurer's  Account 24  162 

Certificate  of  Appointment 25  162 

Deed  for  Schoolhouse  Site 26  162 

Lease  of  Schoolhouse  Site 27  162 

Contract  Between  Board  and  Teacher 28  163 

Proposals  for  Erection  or  Repair  of  Schoolhouse. .  „ 29  163 

Contract  for  Building  Schoolhouse 30  163 

Bond  Performance  of  Contract 31  164 

List  of  Parents  and  Children,  kept  by  Director 32  164 

Teacher's  Daily  Register 33  165 

Teacher's  Term  Report 34  166 

Notice  Permitting  Attendance  from  Amother  District 35  166 

Notice  of  Semi-annual  Apportionment 36  166 

Certificate  of  Election  of  County  Superintendent 37  166 

Certificate  of  Qualification  of  County  Superintendent 38  167 

Notice  of  School  Tax  Collected 39  167 

Application  for  Appointment  of  Referees 40  167 

Appointment  of  Referees 41  167 

Notice  to  Owner  of  Real  Estate 42  168 

Report  of  Referees 43  168 

Notice  of  Assessment  of  Damages 44  168 

Affidavit  of  Appeal 45  168 

Notice  of  Appeal. . . : 46  168 

Certificate  to  Secretary's  Transcript 47  169 

Notice  of  Hearing  of  Appeal 48  169 

Certificate  to  County  Superintendent's  Transcript 49  169 

Bond  for  Sale  of  Books  and  Supplies 50  169 

Notice  to  Publishers  of  Text-Books 51  170 

Bond  of  Contractor  to  Furnish  Text-Books 52  170 

Petition  for  County  Uniformity 53  170 

Proposition  and  Ballot  for  County  Uniformity 54  171 

Oath  of  President  or  Director 55  171 

Order  for  Library  Books 56  171 

Notice  to  Principal  of  Private  or  Parochial  School 57  171 

Notice  About  Child  Under  Private  Instruction 58  172 

Report  of  Principal  to  Tutor  or  Secretary  of  Board 59  172 

Report  Concerning  Violations  of  Compulsory  Law 60  172 


DECISIONS 


IN 


APPEAL    CASES 


Compiled  for  the  Use  of  School  Officers 
and  Directors 


EDITION    OF    1907 


JOHN    F.    RIGGS 

Superintendent  of  Public  Instruction 


PREFACE. 


In  the  compilation  of  the  following  decisions  it  has  been  our  aim  to  select, 
as  far  as  possible,  only  such  cases  as  have  a  decisive  bearing  upon  some  impor- 
tant point  of  school  law. 

There  are  many  questions  arising  in  the  administration  of  these  laws  which 
the  courts  alone  have  power  to  decide.  All  questions  involving  the  right  and 
title  to  office,  the  interpretation  of  contracts,  the  right  to-  levy  and  collect 
taxes,  the  payment  of  money,  and  any  act  of  the  electors  of  a  school  district, 
are  matters  that  should  be  tried  in  the  courts,  and  can  not  be  determined  by 
appeal  to  the  county  superintendent  or  to  the  superintendent  of  public  in- 
struction. 

Many  of  the  appeals  taken  in  the  past  have  grown  out  of  contention  over 
the  location  of  schoolhouse  sites.  As  our  state  becomes  more  generally  set- 
tled these  questions  arise  with  less  frequency. 

V/hen  possible,  appeals  to  the  superintendents  or  courts  should  be  avoided. 
The  timely  and  judicious  advice  of  county  superintendents  will  do  much  more 
to  secure  amicable  adjustment  of  many  school  controversies. 

A  careful  perusal  and  study  of  these  decisions  by  the  school  officers  will 
enable  them  to  administer  the  laws  so  justly  and  intelligently  that  many  of 
the  unfortunate  contests  that  too  frequently  involve  school  districts  and  neigh- 
borhoods may  be  avoided. 

JOHN  F.   RIGGS, 

July  4,   1907.  Superintendent  of  Public  Instruction. 


TABLE  OF  GASES 


Amsden  v.  Macedonia ?2 

Arthur  v.    Fairway 25 

Bacon  v.  West  Des  Moines.  .  .95,   97 
Badger,  O'Connor  v 44 


Baker,   Martin  v. 


82 


Baker  v.  Waukon 38 

Bartlett  v.  Spencer 33 

Baxter  v.  Bear  Grove 1 

Bear  Grove,  Baxter  v i 

Bear  Grove,  Messner  et  al.  v 98 

Belmond,  Thompson  v < 

Benson  et  al.  v.  Silver  Lake 67 

Boomer,    Remington   v J 

Boyle,   Grey  v 70 

Brighton,  Woods  v 24 

Brown  v.   Van  Meter 22 

Burrington,   Moody  v - 

Byrne  v.  Struble H6 

Cedar,   Miner  v 9 

Center,   Folsom   v 41 

Center,  Sheafe  v 56 

Charles    City,    Harwood    v 17 

Clarence,  Tanner  v 53 

Claxton   v.    Holmes 60 

Colburn  v.   Silver  LaKe 32 

Cook,    Hammer    v 109 

Cormack   v.   Lincoln 30 

Crawford,  Walker  v 45 

Curry  v.  Franklin 5 

Davis   v.   Linn 48 

Davis  v.  Madison 13 

Deck    v.    Eden.  .  .' 40 

Des  Moines,  Handersheldt  v.  .  .  .  34 

Donald  v.   South  Fork 28 

Donelon   v.    Kniest 52 


Eagle,  Reed  v 55 

Eden,    Deck    v 40 

Eldon,  Taylor  v 16 

Empire,    Watkins    v 49 

Engbers  v.  Richmond 113 

Exira,  Watson  v 17 

Fairway,   Arthur   v 25 

Fallon  v.  Fort  Dodge. 68 

Fieldberg  Severied  et  al.  v 62 

Folsom  v.   Center 41 

Forsythe  v.  Kirkville 58 

Fort  Dodge,  Fallon  v 68 

Franklin,  Curry  v 5 

Franklin,    Hancock   v Ill 

Franklin,   Rush  v 101 

Fremont,  Hook  v 11 

Glenwood,  Rogness  v 69 

Gosting   v.   Lincoln 21 

Grant,   Odendahl  v 80 

Gregory  v.  McCord 71 

Grey  v.    Boyle 70 

Grove,  McKee  v 74 

Hale  v.  Riverdale 93 

Hammer  v.  Cook 109 

Hancock   v.   Franklin Ill 

Handersheldt  v.  Des  Moines 34 

Hartford,    Ingraham    v 65 

Harwood  v.  Charles  City 17 

Heath  v.  Iowa 77 

Hiteman,  Wilson  v 107 

Holmes,    Claxton   v 60 

Hook  v.   Fremont H 

Hubbard  v.  Lime  Creek 20 

Hudgens  v.  No.  10 84 

Ingraham   v.   Hartford 65 

Iowa,  Heath  v ,  ,,,,,,, 77 


TABLE  OF  CASES 


Jackson  v.  Steamboat  Rock 78 

Jacoby  v.  Nodaway 29 

Jasper,  Thomson  v 23 

Johnston    v.    Sanborn 98 

Johnston  v.  Utica 39 

Jones  v.   Ocheyedan 103 

Kenworthy   v.   Oskaloosa 66 

Kirkville,  Forsythe  v 58 

Kletzing  v.  Montour 86 

Kniest,  Donelon  v 52 

Lester,    Sipple   v 6 

Lime  Creek,  Hubbard  v 20 

Lincoln,   Cormack  v 30 

Lincoln,    Costing  v 21 

Lincoln,  Maxwell  v 50 

Linn,   Davis   v 48 

Lodomillo,   Rankin   v 31 

Lytle    v.    Washington 105 

Macedonia,  Amsden  v 72 

Madison,   Davis   v 13 

Martin  v.  Baker 82 

Maxwell  v.  Lincoln 50 

McCord,  Gregory  v 71 

McKee   v.    Grove 74 

McMillan  v.  Waveland 75 

Messner,  Rigler  v.  Bear  Grove..  98 

Miner  v.   Cedar 9 

Monroe,  Wilson  v 27 

Montour,  Kletzing  v 86 

Moody  v.   Burrington 14 

Munn  v.  Soap  Creek 88,  91 

Nodaway,  Jacoby  v 29 

No.   Seven,   Webster   v 57 

No.  Ten,  Hudgens  v 84 

O'Connor  v.   Badger 44 

Ocheyedan,   Jones   v 103 

Odenhall    v.    Grant 80 

Oelke  v.  Spencer 99 

Oskaloosa,   Kenworthy   v 66 

Park  v.  Pleasant  Grove 36 

Peck    v.    Polk 12 

Pleasant  Grove,  Park  v 36 

Polk,    Peck    V 12 


Randall    v.    Vienna 15 

Rankin   v.    Lodomillo 31 

Reed    v.    Eagle 55 

Remington   v.    Boomer 11 

Richmond,  Enbers  v 113 

Riverdale,  Hale  v 93 

Rogness  v.  Glenwood 69 

R\ish   v.   Franklin 101 

Sanborn,    Johnston   v 93 

Severied  et  al.  v.  Fieldberg 62 

Sheaf e  v.  Center 56 

Shelby,    Sutton    v 100 

Silver  Lake,  Benson  et  al  v 67 

Silver  Lake,   Colburn  v 32 

Sipple   v.    Lester 6 

Soap  Creek,  Munn  v 88,   91 

South  Fork,   Donald  v 28 

Spencer,  Oelke  v 99 

Spencer,  Bartlett  v 33 

Steamboat  Rock,  Jackson  v 78 

Struble,    Byrne    v ..116 

Button  v.  Shelby 100 

Tanner    v.    Clarence 53 

Taylor   v.    Eldon 16 

Thompson    v.    Belmond 61 

Thompson  v.  Jasper 23 

Topping  &  Williams  v.  Union.  .  .108 

Union,  Topping  et  al.  v 108 

Utica,  Johnston  v 39 

Van  Meter,  Brown  v 22 

Vienna,    Randall    v 15 

Walker  v.  Crawford 45 

Watkins    v.    Empire 49 

Washington,    Lytle    v 105. 

Watson  v.   Exira 17 

Waukon,    Baker    v 38 

Waveland,  McMillan  v 75 

WTebster  v.  No.  Seven 57 

West  Des  Moines,  Bacon  v.  ...  95,   97 

Wilson  v.  Hiteman 107 

Wilson  v.  Monroe 27 

Woods  v.  Brighton 24 


SCHOOL  LAW  DECISIONS. 


S.   L.   CUBBY   v.   DISTBICT   TOWNSHIP   OF  FBANKLIN. 
Appeal  from  Decatur  County. 

COUNTY  SUPERINTENDENT.  Has  no  jurisdiction  of  an  appeal  until  an  affidavit 
is  filed  in  his  office.  The  appeal  must  be  taken  by  affidavit. 

AFFIDAVIT.  An  affidavit  is  a  statement  in  writing  of  the  errors  complained  of, 
signed  and  made  upon  oath  before  an  authorized  magistrate. 

JURISDICTION.  An  application  for  an  appeal  filed  within  thirty  days  from  the 
act  complained  of  will  not  give  the  county  superintendent  jurisdiction  of  the 
case. 

NOTICE.  The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  the  transcript  of  the  district  secretary  has  been  filed. 

TESTIMONY.  Unless  obviously  immaterial,  testimony  offered  should  be  ad- 
mitted and  given  such  weight  as  it  merits. 

DISCBETIONABY  ACTS.  Should  not  be  disturbed  except  upon  evidence  of  unjust 
exercise  of  discretion. 

December  16,  1867,  at  a  special  meeting  of  the  board,  a  vote  to  change  the 
boundaries  of  subdistricts  so  as  to  form  a  new  subdistrict  in  accordance  with 
the  prayer  of  petitioners,  resulted  in  a  tie.  From  this  virtual  refusal  to  act, 
S.  L.  Curry  appealed  to  the  county  superintendent,  who  on  the  thirty-first  of 
the  same  month  formed  a  new  subdistrict.  Appellant  alleges  in  his  affidavit 
that  the  county  superintendent  assumed  jurisdiction  of  this  case  without  war- 
rant of  law,  that  there  never  was  "at  any  time  an  affidavit  or  any  other  state- 
ment in  said  appeal  case  filed  in  the  office"  of  the  superintendent,  hence  the 
want  of  jurisdiction. 

The  "act  to  provide  for  appeals,"  section  two,  provides  that  "The  basis  of 
proceeding  shall  be  an  affidavit,  filed  by  the  party  aggrieved,  with  the  county 
superintendent,  within  the  time  allowed  for  taking  the  appeal."  An  affidavit  is 
a  statement  in  writing,  signed  and  made  upon  oath  before  an  authorized  magis- 
trate. A  county  superintendent  can  have  no  proper  jurisdiction  of  an  appeal 


6  SCHOOL  LAW  DECISIONS 

case  until  such  affidavit  has  been  filed.  A  notice  of  intention  to  file  an  affi- 
davit, a  verbal  complaint,  or  a  petition,  is  not  sufficient  to  give  the  county 
superintendent  jurisdiction  in  appeal  cases.  The  affidavit  setting  forth  "the 
errors  complained  of  in  a  plain  and  concise  manner,"  must  be  in  his  hands 
before  he  is  justified  in  commencing  proceedings.  The  decision  of  the  super- 
intendent recites  that  the  affidavit  was  filed  December  21st,  which  might  be 
taken  as  conclusive,  if  it  was  not  contradicted  by  the  record.  The  transcript 
shows  that  said  affidavit  was  not  subscribed  and  sworn  to  until  December  28th, 
hence  we  do  not  clearly  see  how  it  could  have  been  filed  on  the  21st. 

December  24th,  four  days  before  the  affidavit  was  made,  and  which  appellant 
alleges  was  never  filed  with  the  superintendent,  said  superintendent  gave  no- 
tice to  the  parties  that  the  hearing  would  take  place  on  the  30th.  This  pro- 
ceeding, as  an  appeal  case,  was  entirely  unauthorized  by  law,  and  as  he  com- 
menced proceedings  in  disregard  of  the  plain  provisions  of  the  law  and  without 
legal  jurisdiction,  his  decision  is  annulled.  It  may  be  said,  and  not  without 
authority,  that  as  both  parties  responded  to  the  notice,  and  came  before  the 
superintendent,  he  thereby  acquired  jurisdiction,  but  we  feel  unwilling  to 
sanction  disregard  of  law  by  approving  such  great  irregularities. 

Without  touching  the  real  merits  of  the  questions  at  issue,  the  formation  of 
a  new  subdistrict,  which  we  are  willing  to  leave  to  the  local  authorities,  we 
refer  briefly  to  three  points  of  law  raised  by  appellants. 

The  county  superintendent  should  not  issue  notice  of  final  hearing  until 
both  the  affidavit  and  the  transcript  of  the  secretary  have  been  filed  in  his 
office. 

Though  the  change  of  subdistrict  boundaries  by  the  board  is  a  discretion- 
ary act,  it  may  be  reviewed  by  the  county  superintendent,  on  appeal,  but  the 
decision  of  the  board  should  not  be  disturbed  unless  said  discretionary  power 
has  been  abused  or  exercised  unjustly. 

The  county  superintendent  should  have  received  the  remonstrances  offered 
on  trial  in  evidence,  and  exercised  his  judgment  as  to  their  weight  and  value. 

REVERSED. 
D.   FRANKLIN   WELLS, 

March  26,  1868.  Superintendent  of  Public  Instruction. 


ELIAS  SIPPLE  v.  DISTRICT  TOWNSHIP  OF  LESTER. 
Appeal  from  Black  Hawk  County. 

TESTIMONY.  At  the  hearing  of  an  appeal,  it  is  competent  for  the  county  super- 
intendent, upon  his  own  motion,  to  call  additional  witnesses  to  give  testimony. 

RECORDS.  In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict 
or  impeach  the  records  of  the  district  cannot  be  received. 

RECORDS.  The  board  may  at  any  time  amend  the  record  of  the  .district,  when 
necessary  to  correct  mistakes  or  supply  omissions.  And  it  may  upon  proper 
showing  be  compelled  by  mandamus  to  make  such  corrections. 

AFFIDAVIT.  The  affidavit  answers  its  leading  purpose  if  it  sets  forth  the  errors 
complained  of  with  such  clearness  that  the  proper  transcript  may  be  secured. 


SCHOOL  LAW  DECISIONS  ? 

At  the  regular  meeting  of  the  board  held  September  16,  1867,  attended  by 
four  of  the  seven  members,  motions  were  made  and  seconded  for  the  creatior* 
of  two  new  subdistricts  whose  boundaries  were  described  in  the  motions.  In 
regard  to  the  action  on  these  motions  the  record  of  the  secretary  contains 
merely  the  word  "carried."  At  a  special  meeting  held  February  15,  1868,  the 
action  of  the  board  in  September  in  relation  to  the  formation  of  new  sub- 
districts  was  "reconsidered"  and  "rescinded."  From  the  February  action 
Elias  Sipple  appealed  to  the  county  superintendent.  During  the  progress  of 
the  hearing,  which  took  place  March  20,  1868,  the  county  superintendent  called 
upon  one  of  the  four  members  that  attended  the  September  meeting,  who 
testified  that  he  did  not  vote  for  the  motion  to  create  a  new  subdistrict.  As  it 
thus  appeared  that  the  new  subdistricts  were  not  established  by  a  vote  of  a 
majority  of  all  the  members  of  the  board,  as  required  by  law,  and  as  said 
September  action  was  rescinded  at  a  full  meeting  of  the  board  in  February, 
the  county  superintendent,  considering  the  formation  of  the  subdistricts  illegal 
and  void,  dismissed  the  appeal.  From  this  decision  Barney  Wheeler  appeals. 

Appellant  alleges  substantially  that  the  county  superintendent  erred  as 
follows:  In  himself  calling  a  witness  to  give  testimony;  in  receiving  testimony 
to  impeach  the  district  record,  which  is  claimed  to  be  valid  and  binding  after 
thirty  days;  in  dismissing  the  appeal;  in  not  establishing  the  subdistricts. 

The  law  requires  the  county  superintendent  to  give  a  "just  and  equitable" 
decision,  and  as  the  calling  of  additional  witnesses  may  sometimes  enable  him 
to  discharge  this  duty  more  faithfully,  his  action  in  this  respect  is  sustained. 

The  second  error  assigned  really  includes  two  distinct  points,  which  will  be 
considered  separately;  and  first,  in  regard  to  the  impeachment  of  the  district 
record.  The  law  provides  for  an  annual  meeting  of  the  electors  of  the  district 
township,  and  for  semi-annual  and  special  meetings  of  the  board  of  directors; 
also  that  "the  secretary  shall  record  all  the  proceedings  of  the  board  and  dis- 
trict meetings  in  separate  books  kept  for  that  purpose."  It  Is  a  general  prin- 
ciple of  law  that  "oral  evidence  can  not  be  substituted  for  any  instrument  which 
the  law  requires  to  be  in  writing,  such  as  records,  public  documents,"  etc.  1 
Greenleaf's  Evidence,  §86.  "It  is  a  well-settled  rule  that,  where  the  law  re- 
quires the  evidence  of  a  transaction  to  be  in  writing,  oral  evidence  cannot  be 
substituted  for  that>  so  long  as  the  writing  exists  and  can  be  produced;  and 
this  rule  applies  as  well  to  the  transactions  of  public  bodies  and  officers  as 
to  those  of  individuals."  The  People  v.  Zeyst,  23  N.  Y.,  142.  In  the  case  of 
Taylor  v.  Henry,  2  Pick.,  397,  the  supreme  court  of  Massachusetts  held  that 
an  omission  in  the  records  of  a  town  meeting  could  not  be  supplied  by  parol 
evidence.  Chief  Justice  Shaw,  in  discussing  the  case,  said  that  it  would  be 
"dangerous  to  admit  such  a  proof."  Mr.  Starkie,  in  his  valuable  treatise  on 
evidence,  says:  "Where  written  instruments  are  appointed  either  by  the  im- 
mediate authority  of  the  law  or  by  the  compact  of  the  parties,  to  be  the  per- 
manent repositories  and  testimony  of  truth,  it  is  a  matter  both  of  principle 
and  policy  to  exclude  any  inferior  evidence  from  being  used  either  as  a  substi- 
tute for  such  instruments  or  to  contradict  or  alter  them;  of  principle,  because 
such  instruments  are,  in  their  own  nature  and  origin,  entitled  to  a  much 
higher  degree  of  credit  than  that  which  appertains  to  parol  evidence;  of  policy, 
because  it  would  be  attended  with  great  mischief  and  inconvenience,  if  those 
instruments  upon  which  men's  rights  depend  were  liable  to  be  impeached  and 


8  SCHOOL  LAW  DECISIONS 

controverted  by  loose  collateral  evidence."  Starkie,  part  IV,  page  995,  volume 
III,  3d  Am.  Ed. 

The  reason  of  the  rule  upon  which  the  courts  agree  with  such  entire  una- 
nimity applies  with  force  in  the  case  now  under  consideration.  The  records  of 
the  district  and  board  meetings  contain  a  statement  of  the  regulations  adopted, 
and  the  acts  done  in  the  exercise  of  the  powers  with  which  the  respective 
bodies  are  invested  by  the  law.  They  present  to  all  the  citizens  of  the  district 
township,  in  a  permanent  form,  certain  and  definite  information  which  could 
be  obtained,  with  equal  certainty,  in  no  other  way.  Memory  is  defective,  but 
the  secretary  records  the  transactions  as  they  occur.  The  actors  change  from 
year  to  year,  but  the  record  is  permanent.  And  though  the  admission  of  oral 
testimony  to  alter  a  record  or  supply  an  omission  therein  might  sometimes 
promote  the  attainment  of  justice,  the  prevalence  of  such  a  practice  would 
result  in  more  evil  than  good.  It  is  held,  therefore,  that  in  the  absence  of 
alleged  fraud  the  county  superintendent  errs,  in  admitting  parol  evidence  to 
contradict  or  impeach  the  record  of  the  September  meeting  of  the  board. 

In  regard  to  the  other  part  of  the  second  point  a  few  words  will  suffice. 
The  counsel  for  appellant  urges  that  though  the  record  of  the  September  meet- 
ing was  imperfect,  the  lapse  of  thirty  days  made  the  record  valid  and  binding 
upon  the  district.  It  is  true  that  the  right  to  take  an  appeal  to  the  county 
superintendent  expires  after  thirty  days,  but  I  am  unable  to  see  how  the  lapse 
of  time  will  validate  what  was  before  invalid.  The  secretary  is  the  proper 
custodian  of  the  records  of  the  school  district,  and  before  the  record  of  the 
proceedings  of  the  board  has  been  approved  or  adopted  by  the  board,  the  secre- 
tary may  amend  them  by  supplying  omissions,  or  otherwise  correcting  them. 
After  they  have  been  approved  they  may  be  amended  and  corrected  by  direc- 
tion of  the  board,  even  after  the  lapse  of  thirty  days.  In  Massachusetts  a  town 
clerk  is  permitted  to  amend  the  record  in  order  to  supply  defects,  even  after 
a  suit  involving  a  question  respecting  them  has  been  commenced.  I  am  of  the 
opinion  that  if  the  secretary  or  board  of  directors  decline  to  make  necessary 
corrections  in  the  record,  that  a  party  interested  may  proceed  by  mandamus 
to  compel  the  correction.  If  the  record  is  to  be  impeached,  it  must  be,  in  the 
absence  of  fraud,  by  a  direct  proceeding  instituted  for  that  purpose,  and  not  by 
1  collateral  or  indirect  method.  The  People  vs.  Zeyst,  23  N.- Y.,  147-8. 

The  district  record  in  this  case  is  not  as  full  as  it  might  with  propriety  be. 
The  law  provides  that  the  boundaries  of  subdistricts  shall  not  be  changed  ex- 
cept by  the  vote  of  a  majority  of  the  members  of  the  board.  The  record  fails 
to  show  that  this  requirement  of  the  law  was  complied  with  at  the  September 
meeting.  The  secretary  says  that  the  motion  to  redistrict  "carried."  This  is 
his  opinion,  but  he  fails  to  give  the  fact  upon  which  it  is  based.  Four  of  the 
seven  members  were  present,  but  he  does  not  say  who,  or  how  many  voted  for 
the  change.  Properly  this  should  have  been  stated.  When,  however,  the  dis- 
trict record  declares  that  a  motion  was  "carried,"  the  law  will  presume  that 
it  was  carried  in  accordance  with  the  requirements  of  the  statute;  though 
there  is  reason  to  believe  that  the  presumption  in  this  instance  is  a  violent  one. 
It  follows  that  there  was  no  legal  evidence  that  the  subdistricts  were  not 
established  in  accordance  with  law;  hence,  the  conclusion  is  inevitable  that 
the  county  superintendent  erred  in  dismissing  the  appeal  for  the  cause  as- 
signed. 


SCHOOL  LAW  DECISIONS  S 

At  the  commencement  of  the  trial  and  again  during  its  progress,  the  de- 
fendant moved  the  county  superintendent  to  dismiss  the  case  on  account  of  the 
insufficiency  of  the  affidavit.  The  affidavit  of  Mr.  Sipple  is  not  as  full  as  it  is 
usual  to  make  affidavits  in  such  cases,  yet  it  "set  forth  the  errors  complained 
of"  with  such  plainness  and  conciseness  as  enabled  the  county  superintendent 
to  obtain  the  necessary  transcripts,  and  this  is  all  the  law  really  requires.  It 
has  not  been  customary  heretofore  to  force  any  particular  form  of  affidavit, 
a  i;l  the  superintendent's  ruling  refusing  to  dismiss  on  defendant's  motion  is 
su..  Gained. 

As  the  testimony  appears  not  to  have  been  all  in  when  the  case  was  dis- 
missed by  the  county  superintendent,  no  opinion  can  be  given  in  regard  to  the 
propriety  or  necessity  of  establishing  the  proposed  new  subdistricts.  The  case 
is  therefore  returned  to  the  county  superintendent,  who  will  proceed  with  the 
hearing,  first  allowing  a  reasonable  time  for  the  correction  of  the  district 
record  or  for  the  enforcement  of  its  correction  should  such  correction  be 
deemed  necessary  by  either  of  the  interested  parties.  Should  the  district 
record  be  amended  so  as  to  show  conclusively  that  the  said  subdistricts  were 
not  legally  formed  at  the  said  meeting  in  September,  it  will  follow  that  the 
said  subdistricts  never  had  a  legal  existence,  and  that  the  plaintiff  could  not  be 
aggrieved  by  the  action  of  the  February  meeting,  hence  the  county  superin- 
tendent will  determine  the  case  in  favor  of  the  appellee.  Should  said  record 
not  be  amended,  or  should  it  be  amended  so  as  to  show  clearly  that  said  sub- 
districts  were  established  in  all  respects  in  conformity  with  law,  the  question 
of  establishing  the  new  subdistricts,  or  more  properly  retaining  their  organiza- 
tion, will  be  determined  upon  its  merits. 

REVEESED. 
D.  FRANKLIN  WELLS, 

July  23,  1868.  Superintendent  of  Public  Instruction. 


E.  J.  MINER  v.  DISTRICT  TOWNSHIP  OF  CEDAR. 
Appeal  from  Floyd  County. 

CONTESTED  ELECTION.  The  proper  method  of  determining  a  contested  election 
for  school  director  is  by  an  action  brought  in  the  district  court. 

ELECTION.  The  certificate  of  the  officers  of  the  subdistrict  meeting  is  the  legal 
evidence  of  election  as  subdirector,  and  as  a  general  rule  a  board  of  directors  is 
justified  in  declining  to  recognize  a  person  as  a  member  of  the  board  until  he 
produces  such  certificate. 

EVIDENCE.  Where  the  law  requires  the  evidence  of  a  transaction  to  be  in  writ- 
ing, oral  evidence  can  be  substituted  only  if  the  writing  cannot  be  produced. 

Quo  WARRANTO.  The  remedy  of  a  person  denied  possession  of  an  office  to 
which  he  has  been  chosen  is  an  action  in  court. 

At  the  regular  meeting  of  the  board  in  March,  1868,  E.  J.  Miner  appeared 
and  filed  his  oath  of  office  as  subdirector  of  subdistrict  number  three,  and' 
claimed  recognition  as  a  member  of  the  board.  The  said  Miner  failed  to  pre- 


10  SCHOOL  LAW  DECISIONS 

sent  the  certificate  of  the  officers  of  the  subdistrict  meeting,  or  any  other  evi- 
dence or  his  election  except  his  own  verbal  statement.  It  was  alleged  in  the 
board  that  he  was  not  legally  elected.  Under  these  circumstances  the  board 
refused  him  a  seat  and  recognized  his  predecessor  as  holding  over.  From  this 
order  the  said  Miner  appealed  to  the  county  superintendent,  who,  after  a  full 
hearing  of  the  manner  in  which  the  election  was  conducted,  reversed  the  order 
of  the  board  and  directed  that  the  said  Miner  should  be  recognized  as  sub- 
director  of  subdistrict  number  three  and  as  a  member  of  the  board  of  directors. 
From  this  decision  an  appeal  is  taken  by  A.  J.  Sweet,  president  of  the  board. 
The  above  are  but  a  small  portion  of  the  facts  presented  in  the  well  arranged 
transcript  of  the  county  superintendent,  but  yet  all  that  are  material  to  the 
issues  involved. 

The  case  presented  by  these  facts  is  similar  to  that  of  Ockerman  v.  District 
Township  of  Hamilton,  page  77,  School  Law  Decisions  of  1868,  and  must  be 
governed  by  the  same  principles.  It  was  there  held  that  the  only  proper  way 
of  determining  a  contested  election  or  the  right  of  exercising  any  public  office 
or  franchise  is  by  an  action  in  the  nature  of  quo  warranto  brought  in  the 
district  court.  It  seems  unnecessary  to  repeat  the  arguments  there  used. 
Reference  is  made  to  that  case,  as  well  as  to  the  19  Iowa,  199;  18  Iowa,  59;  16 
Iowa,  369;  17  Iowa,  365;  and  the  other  cases  there  cited.  The  principle 
involved  in  the  preceding  references  was  recognized  by  the  county  superintend- 
ent, when  he  said  in  his  decision  that  "the  board  of  directors  has  no  jurisdic- 
tion to  inquire  into  the  legality  of  the  election  of  its  members."  When  this  just 
conclusion  was  reached  the  case  should  have  been  dismissed,  for  the  county 
superintendent  can  do  on  appeal  only  what  the  board  itself  might  legally  have 
done. 

The  county  superintendent  held  that  as  the  president  of  the  subdistrict 
meeting  refused  to  sign  a  certificate  of  election  for  the  said  Miner,  the 
board  might  receive  other  evidence  of  his  election.  In  this  the  county  super- 
intendent departed  from  well  established  legal  principles.  The  school  law 
provides  that  at  the  meeting  of  the  electors  of  the  subdistrict  on  the  first 
Monday  in  March  "a  chairman  and  secretary  shall  be  appointed,  who  shall 
act  as  judges  of  the  election  and  give  a  certificate  of  election  to  the  sub- 
director  elect."  It  is  a  well-settled  rule  that  where  the  law  requires  the  evi- 
dence of  a  transaction  to  be  in  writing,  oral  evidence  can  not  be  substituted 
when  the  writing  can  be  produced;  this  rule  applies  alike  to  transactions  of 
public  bodies,  officers  and  individuals. 

There  can  be  no  doubt  that  the  law  contemplates  that  the  certificate  of  the 
officers  of  the  subdistrict  meeting  shall  be  the  legal  passport  to  a  seat  in  the 
board,  and  that,  as  a  general  rule,  a  board  of  directors  is  justified  in  declining 
to  recognize  a  person  as  a  member  of  the  board  until  such  certificate  is  pro- 
duced. If  the  certificate  has  been  given  and  lost,  the  accident  may  be  remedied 
by  other  testimony.  If  illegally  withheld,  the  officer  may  be  coerced  by  man- 
damus to  furnish  it.  If  it  has  been  fraudulently  given,  the  law  still  provides 
a  remedy. 

By  the  light  of  the  previous  principles  it  is  evident  that  when,  under  the 
circumstances,  the  county  superintendent  proceeded  to  investigate  the  rights 
of  the  plaintiff  as  a  school  director,  he  exceeded  his  jurisdiction,  and  that  his 
decision  must  therefore  be  overruled.  The  law  requires  that  the  plaintiff, 


SCHOOL  LAW  DECISIONS  ii 

Miner,  shall  seek  his  remedy  in  the  courts.     The  decision  of  the  county  super- 
intendent is  therefor  reversed  and  the  case  dismissed.  REVERSED. 

D.  FRANKLIN   WELLS, 
July  29,  1868.  Superintendent  of  Public  Instruction. 


N.  R.  HOOK  v.  INDEPENDENT  DISTRICT  OF  FREMONT. 
Appeal  from  Mahaslca  County. 

SCHOOL  PRIVILEGES.     Are  not  acquired  by  temporary  removal  into  a  district  for 
the  purpose  of  attending  school. 

At  a  meeting  of  the  board  an  order  was  made  excluding  one  George  Check 
from  school.  From  this  order  Dr.  N.  R.  Hook,  with  whom  the  boy  was  at  the 
time  living,  appealed  to  the  county  superintendent,  who  affirmed  the  order  of 
the  board,  and  Hook  again  appealed.  • 

The  ground  upon  which  the  boy  was  debarred  from  school  was  that  he  was 
not  a  bona  fide  resident  of  the  district,  and  this  is  fully  sustained  by  the  cir- 
cumstances of  the  case  as  shown  by  the  weight  of  the  evidence  as  adduced 
before  the  county  superintendent.  The  apparent  primary  purpose  of  George 
Check  in  going  to  live  with  Dr.  Hook  was  that  he  might  attend  the  school  at 
Fremont,  and  after  the  term  of  school  should  expire  his  further  continuance 
at  Hook's  would  be  uncertain.  He  did  not  go  there  with  the  intention  of  re- 
maining, but  the  intention  to  return  to  his  father's  house  seems  to  have  been 
manifested  in  the  contract  or  agreement  made  with  Hook. 

Counsel  for  appellant  argues  that  the  law  should  not  be  technically  con- 
strued, but  that  it  should  receive  a  liberal  construction,  and  in  this  he  is  correct. 
It  should  receive  such  a  construction  as  that  all  the  youth  of  the  state,  without 
regard  to  race  or  condition  in  life,  can  with  equal  facility  participate  in  the 
benefits  of  our  free  schools.  There  is  evidence  that  the  schools  in  Fremont 
are  so  crowded  that  many  of  the  youth  of  the  district  are  unable  to  gain  admis- 
sion, and  the  law  gives  to  them  the  prior  claim.  The  board  should  see  that  the 
ckildren  of  the  district  are  first  accommodated,  and  then,  if  not  detrimental  to 
the  interests  of  the  school,  it  may  admit,  in  its  discretion,  those  from  outside 
districts  upon  such  terms  as  it  may  agree. 

Believing  that  the  county  superintendent  properly  sustained  the  board  of 
directors,  his  decision  is  hereby  AFFIRMED. 

A.  S.  KISSELL, 

May  1,  1870.  Superintendent  of  Public  Instruction. 


Z.  W.  REMINGTON  v.  DISTRICT  TOWNSHIP  OF  BOOMER. 
Appeal  from  Pottawattamie  County. 

JURISDICTION.     The  county  superintendent  does  not  have  jurisdiction   of  cases 
involving  a  money  demand. 

ORDERS.    When  improperly  issued,  a  proper  remedy  is  injunction. 


12  SCHOOL  LAW  DECISIONS 

On  the  12th  day  of  October  the  board  met  in  special  session  and  made  a 
settlement  with  one  L.  S.  Axtell,  who  was  the  contractor  for  the  erection  of 
certain  schoolhouses  in  said  district  township.  From  the  action  cf  the  board 
Z.  W.  Remington  appealed  to  the  county  superintendent,  who  dismissed  the 
appeal  upon  the  ground  that  the  settlement  with  Axtell  was  for  a  money  de- 
mand, and  therefore  involved  a  question  over  which  he  could  exercise  no  juris- 
diction. Remington  again  appeals. 

If  there  was  anything  wrong  in  the  action  of  the  board  issuing  orders  in 
favor  of  Axtell  for  the  payment  of  his  claim  for  building  the  schoolhouses  that 
would  render  them  invalid,  his  remedy,  if  any,  would  have  been  by  injunction 
to  restrain  the  payment  of  such  orders,  or  by  some  other  proper  action  in  the 
civil  courts,  and  not  by  appeal  to  the  county  superintendent,  as  the  latter 
tribunal  is  not  clothed  by  the  statute  with  the  authority  to  inquire  into  or  de- 
termine the  validity  of  school  orders.  The  county  superintendent,  therefore, 
very  properly  decided  to  dismiss  the  appeal,  and  his  order  in  the  case  is  hereby 

AFFIRMED. 
A.  S.  KISSELL, 

May  17,  1870.  Superintendent  of  Public  Instruction. 


W.  D.  PECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  POLK. 
Appeal  from  Jefferson  County. 

SUBDISTRICTS.     Should  be,  if  possible,  compact  and  regular  in  form.     In  well 
populated  district  townships  two  miles  square  is  considered  a  desirable  area. 

SCHOOLHOUSE  SITES.     It  is  important  that  a  schoolhouse  site  be  located  on  a 
public  road,  and  as  near  the  center  of  a  subdistrict  as  practicable. 

It  appears  from  a  transcript  in  this  case  that  the  board,  on  the  presentation 
of  a  petition  from  the  majority  of  the  inhabitants  of  subdistrict  number  eight, 
Issued  an  order  attaching  a  strip  on  the  northeast  from  subdistrict  number  seven 
to  number  eight,  relocating  the  schoolhouse  site,  and  arranging  for  the  removal 
of  the  schoolhouse  from  the  present  site  to  said  new  location.  From  this  action 
of  the  board  an  appeal  was  taken  to  the  county  superintendent,  who  sustained 
the  action  cf  the  board,  and  from  his  decision  an  appeal  is  taken  to  this 
tribunal. 

The  trial  before  the  county  superintendent  developed  that  the  board  has  in 
contemplation  the  redistricting  of  the  entire  township  into  subdistricts  two 
miles  square,  and  that  the  order  providing  for  the  change  of  boundaries  in 
subdistrict  number  eight  is  the  initiatory  step  in  that  direction.  The  sub- 
district  in  question,  previous  to  the  order,  had  very  irregular  boundaries;  and 
except  that  the  district  is  too  large  for  convenience  without  further  change 
in  the  boundaries  there  would  seem  to  be  every  reason  for  attaching  the  strip 
from  number  seven.  That  being  attached,  the  change  of  location  and  the 
removal  of  the  schoolhouse  to  a  site  occupying  the  geographical  center  of  the 
subdistrict  with  its  changed  boundaries  must  follow  of  course.  Besides  this, 
there  seems  to  be  the  additional  good  reason  for  the  change  of  location  for  the 
schoouhouse  site:  the  present  site  is  not  on  a  public  road;  the  one  in  pros- 
pect is.  and  as  all  the  territory  is  in  a  condition  to  be  easily  and  rapidly  set- 


SCHOOL  LAW  DECISIONS  13 

tied,  the  new  site  will,  with  the  additional  change   in  contemplation,  be  the 
exact  geographical  center  of  the  subdistrict. 

The  action  of  the  board  in  this  case  is  manifestly  of  a  discretionary  char- 
acter, and  I  can  see  nothing  in  the  testimony  that  would  induce  the  belief 
that  it  has  in  any  way  exceeded  its  prerogative  or  abused  its  discretion.  The 
decision  of  the  county  superintendent  is  therefore  AFFIRMED. 

A.  S.  KISSELL, 

February  4,  1871.  Superintendent  of  Public  Instruction. 


W.  P.  DAVIS  v.  DISTRICT  TOWNSHIP  OF  MADISON. 
Appeal   from   Fremont    County. 

CONTRACTS.  Made  by  a  committee,  require  the  approval  of  the.  board  in  ses- 
sion. 

SCHOOL  FUNDS.  The  treasurer  is  the  proper  custodian  of  all  funds,  and  may 
legally  pay  them  out  only  upon  orders  specifying  the  fund  upon  which  they 
are  drawn  and  the  specific  use  to  which  they  are  applied. 

SUBDIRECTOR.  The  subdirector  may  expend  money  in  his  subdistrict  only  in 
the  manner  authorized  by  the  board. 

CLAIMS.     Just  claims  against  the  district  can  be  enforced  only  in  the  courts. 

MANDAMUS.  Is  a  remedy  if  the  board  refuses  to  carry  out  a  vote  of  the  electors. 
SUBDISTRICT.  A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 
public  fund. 

The  electors  on  the  eleventh  day  of  March,  1871,  voted  a  tax  of  two  and 
one-half  mills  on  the  taxable  property  of  the  district  township  for  schoolhouse 
purposes,  and  directed  that  three  hundred  dollars  of  the  amount  thus 
raised  should  be  used  for  the  erection  of  a  schoolhouse  in  subdistrict  number 
nine. 

March  20,  1871,  W.  P.  Davis,  subdirector  of  subdistrict  number  nine,  was 
appointed  a  committee  to  build  a  schoolhouse  in  said  subdistrict.  The  house 
having  been  completed,  at  a  special  meeting  of  the  board  held  June  1,  1872,  it 
was  moved  that  the  report  of  the  committee  be  received  and  the  schoolhouse 
be  accepted;  also,  that  the  secretary  be  instructed  to  draw  an  order  on  the 
treasurer  for  three  hundred  dollars  for  subdistrict  number  nine.  Both  mo- 
tions were  lost,  from  which  action  the  said  W.  P.  Davis  appealed  to  the  county 
superintendent,  who  on  the  ninth  day  of  August,  1872,  reversed  the  action  of 
the  board.  The  district  township,  through  its  president,  W.  H.  Gandy,  appeals. 

The  history  of  this  case  very  fully  illustrates  the  loose  and  irregular  man- 
ner in  which  school  officers  too  frequently  transact  official  business.  Section 
15  of  the  School  Laws  provides  that  the  board  "shall  make  all  contracts,  pur- 
chases, payments,  and  sales  necessary  to  carry  out  any  vote  of  the  district, 
but  before  erecting  any  schoolhouse  they  shall  consult  with  the  county  super- 
intendent as  to  the  most  approved  plan  of  such  building." 

If  the  contract  is  made  by  a  subdirector  or  committee  of  the  board,  it 
should  in  all  cases  be  approved  by  the  board  before  work  is  commenced. 

A  misapprehension  often  exists  as  to  the  manner  in  which  school  funds 
should  be  disbursed.  The  treasurer  is  the  proper  custodian  of  all  funds  be- 


14  SCHOOL  LAW  DECISIONS 

longing  to  the  district  township  and  the  law  provides  that  he  "shall  pay  no 
order  which  does  not  specify  the  fund  on  which  it  is  drawn,  and  the  specific 
use  to  which  it  is  applied,"  that  is,  for  work  done,  material  furnished,  or 
the  like. 

The  board  is  also  required  to  "audit  and  allow  all  just  claims  against  the 
district,  and  no  order  shall  be  drawn  on  the  district  treasury  "until  the  claim 
for  which  it  is  drawn  has  been  so  audited  and  allowed."  This  rule  applies 
equally  where  funds  are  voted  by  the  district  township  for  the  purpose  of  build- 
ing scnoolhouses  in  particular  subdistricts,  also  where  taxes  have  been  raised  on 
the  property  of  subdistricts,  in  accordance  with  the  proviso  of  section  28. 
Such  funds,  or  so  much  of  them  as  may  be  required  to  carry  out  the  vote  of 
the  electors,  should  be  devoted  to  the  specific  object  for  which  they  were 
voted,  but  the  disbursement  should,'  in  all  cases,  be  under  the  direction  and 
authority  of  the  board.  Boards  have  no  authority  to  give  subdirectors  money 
to  use  in  their  subdistricts  for  building  schoolhouses  or  any  other  purpose, 
nor  subdirectors  to  use  money  so  received.  A  subdistrict  is  not  a  corporate 
body  and  has  no  control  of  any  public  fund. 

If  Mr.  Davis  has  a  just  claim  against  the  district  township  of  Madison 
which  the  board  refuses  to  allow,  or  if  the  board  refuses  to  apply  the  amount 
voted  by  the  electors  to  the  specific  object  for  which  it  was  designed,  the 
erection  of  a  schoolhouse  in  subdistrict  number  nine,  the  civil  courts,  only, 
can  frunish  a  means  of  redress.  REVERSED. 

ALONZO  ABERNBTHY, 

October  30,  1872.  Superintendent  of  Public  Instruction. 


W.  J.  MOODY  v.  H.  H.  BUBBINGTON,  COUNTY  SUPERINTENDENT. 
Appeal  from  Bremer  County. 

CERTIFICATE.     The   county   superintendent  may   refuse   to   entertain   a   petition 
for  the  revocation  of  a  teacher's  certificate. 

APPEAL.     An   appeal   may   be  taken   from   the   refusal   of   the   county   superin- 
tendent to  investigate  charges  brought  against  a  teacher. 

DISCRETIONARY  ACTS.     The  decision  of  the  authority  having  original  jurisdiction 
is  entitled  to  much  consideration. 

A  petition  containing  charges  against  a  teacher  was  presented  to  H.  H.  Bur- 
rington,  county  superintendent,  asking  an  investigation  of  the  charges,  and  the 
revocation  of  her  certificate.  The  county  superintendent  refused  to  make  the 
investigation  as  requested  by  the  petitioners,  and  W.  J.  Moody  appeals. 

The  question  whether  an  appeal  will  lie  from  the  refusal  of  the  county  su- 
perintendent to  investigate  charges  brought  against  a  teacher,  has  not  been  to 
our  knowledge  before  determined.  Since  it  is  held  that  an  appeal  may  be  taken 
from  an  action  of  the  board  refusing  to  perform  a  discretionary  action,  we  see 
no  reason  why  appeal  will  not  lie  from  a  similar  action  of  the  county  super- 
intendent. 

In  the  case  before  us,  statements  testifying  to  the  moral  character  and 
good  reputation  of  the  teacher  are  made  by  reliable  and  disinterested  parties 
who  have  been  intimately  acquainted  with  her  for  several  years  past;  and  it  i: 


SCHOOL  LAW  DECISIONS  15 

believed  that,  in  no  instance,  is  the  judgment  and  discretion  of  a  local  tribunal 
entitled  to  more  consideration  than  in  this  case.  AFFIRMED. 

July  10,  1873.  ALONZO  ABERNETHY, 

Superintendent  of  Public  Instruction. 


J.  W.  RANDALL  v.  DISTRICT  TOWNSHIP  OF  VIENNA. 
Appeal  from  Marshall  County. 

SCHOOLIIOUSE.  The  board  may  legally  remove  a  schoolhouse  from  one  subdis- 
trict  to  another  only  by  vote  of  the  electors. 

SCHOOLHOUSE.  When  the  electors  have  voted  to  remove  a  schoolhouse  from  one 
subdistrict  to  another  the  board  must  execute  such  vote,  and  from  its  action 
in  so  doing  no  appeal  can  be  taken. 

INJUNCTION.  The  execution  of  a  fraudulent  vote  of  the  electors  may  be  pre- 
vented by  a  writ  from  a  court  of  law. 

At  the  district  township  meeting  held  the  second  Monday  in  March,  1873, 
it  was  voted  to  remove  the  schoolhouse  situated  in  subdistrict  number  four 
into  subdistrict  number  three.  On  the  seventeenth  day  of  March,  the  board 
ordered  the  removal  of  the  schoolhouse,  in  accordance  with  said  vote  of  the 
electors.  From  this  action,  appeal  was  taken  to  the  county  superintendent, 
who  reversed  the  action  of  the  board.  The  district  township,  through  its 
president,  appeals. 

Section  seven,  School  Laws  of  1872,  provides  that  the  electors  shall  have 
the  power  "to  direct  the  sale,  or  other  disposition  to  be  made  of  any  school- 
house;"  also  "to  vote  such  tax,  not  exceeding  ten  mills  on  the  dollar  in  any 
one  year,  on  the  taxable  property  of  the  district  township,  as  the  meeting 
shaH  deem  sufficient  for  the  purchase  of  grounds  and  the  construction  of 
necessary  schoolhouses  for  the  use  .of  the  respective  subdistricts."  Section 
fifteen  provides  that  the  board  "shall  make  all  contracts,  purchases,  pay- 
ments and  sales  necessary  to  carry  out  any  vote  of  the  district."  Section 
sixteen  provides  that  the  board  "shall  fix  the  site  for  each  schoolhouse." 

From  the  law  as  above  quoted,  we  understand  that  the  electors  may 
vote  a  tax  for  the  erection  of  a  schoolhouse  in  any  particular  subdistrict, 
or  may  direct  the  removal  of  one  already  built,  from  a  subdistrict,  and  that 
the  board  determines  the  site  within  a  subdistrict,  but  has  no  authority  to 
remove  a  schoolhouse  from  a  subdistrict  without  affirmative  action  of  the 
electors,  such  action,  however,  being  taken,  the  board  must  execute  their 
vote,  if  in  accordance  with  law.  From  the  action  of  the  board  in  thus 
executing  the  vote  of  the  electors  no  appeal  can  be  taken.  If  the  vote  of 
the  electors  is  contrary  to  law,  its  execution  may  be  prevented  by  injunc- 
tion; if  unwise,  the  electors,  themselves,  must  bear  the  consequences. 

REVERSED, 
ALONZO  ABERNETHY, 

July  11,  1873,  Superintendent  of  PuWic  Instruction, 


16  SCHOOL  LAW  DECISIONS 

D.  K.  TAYLOR  v.  INDEPENDENT  DISTRICT  OF  ELDON. 
Appeal  from  Wapello  County, 

APPEAL.  Appeal  may  not  be  taken  from  an  action  or  order  complying  with  the 
terms  of  a  contract  previously  made,  nor  from  an  action  authorizing  the  issu- 
ance of  an  order  in  payment  of  a  debt  contracted  by  previous  action  of  the 
board. 

APPEAL.  A  case  whose  main  purpose  is  to  determine  the  validity  of  an  order 
on  the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  entertained  on  ap- 
peal to  the  county  superintendent. 

SCHOOL  FUNDS.  The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if 
the  law  has  been  violated  and  the  money  of  the  district  has  been  misappro- 
priated. 

From  the  transcript,  it  appears  that  on  the  third  day  of  December,  1873, 
the  board  passed  an  order  authorizing  the  payment  of  five  per  cent  com- 
mission for  negotiating  the  district  bonds,  and  on  the  same  day  another 
authorizing  D.  P.  Stubbs  to  negotiate  said  bonds.  On  the  third  day  of 
February,  1874,  the  board  passed  an  order  instructing  the  president  and 
secretary  to  draw  an  order  for  ninety  dollars  on  the  district  treasury  In 
favor  of  said  D.  P.  Stubbs,  for  services"  rendered  in  negotiating  said  bonds,  in 
accordance  with  the  previous  action  of  the  board  on  December  3,  1873. 
From  the  action  of  the  board  in  issuing  said  order  of  ninety  dollars,  this 
appeal  was  taken.  The  county  superintendent  dismissed  the  case,  on  the 
ground  that  it  was  an  action  authorizing  the  payment  of  money,  and  a 
decision  thereon  would  be  equivalent  to  rendering  a  judgment  for  money, 
which  is  prohibited  by  the  provisions  of  section  1836.  D.  K.  Taylor  again 
appeals. 

Appeal  may  be  taken  from  .any  action  of  the  board  which  authorizes 
the  making  of  a  contract,  but  not  from  a  subsequent  action  or  order  com- 
plying with  the  terms  of  a  contract  previously  made,  nor  from  an  action 
authorizing  the  issuance  of  an  order  in  payment  of  a  debt  contracted  by  a 
previous  action. 

The  order  appealed  from  in  this  case  is  not  a  new  action  of  the  board, 
but  a  necessary  result  of  the  order  of  December  3,  1873.  If  the  first  action 
was  legal  and  proper,  the  last  is  both  proper  and  necessary,  the  services 
having  been  performed.  Any  interested  party  might  have  appealed  at  the 
proper  time,  from  the  action  of  December  3,  1873,  authorizing  the  pay- 
ment of  five  per  cent  commission  for  negotiating  bonds  or  authorizing  the 
appointment  of  an  agent  therefor.  But  the  time  for  an  appeal,  thirty  days, 
having  expired,  appeal  can  not  now  be  taken  from  the  subsequent  action, 
which  is  simply  carrying  out  its  previous  action,  and  the  terms  of  the 
contract  made  thereunder. 

To  determine  the  validity  of  an  order  on  the  district  treasury,  or  the 
equity  of  a  claim,  is  equivalent  to  the  rendition  of  a  judgment  for  money, 
and  a  case  whose  sole  purpose  is  to  determine  this  question  can  not  be 
entertained  on  appeal.  The  courts  of  law  alone  can  furnish  an  adequate 
remedy,  if  the  law  has  been  violated,  or  the  interests  of  the  district  have 


SCHOOL  LAW  DECISIONS  17 

suffered  by  the  making  of  contracts  or  the  issuing  of  orders  for  money  on 
the  treasury.  AFFIRMED. 

ALONZO  ABERNETHY, 

May  5,  1874.  Superintendent  of  Public  Instruction. 


E.  WATSON  v.  DISTRICT  TOWNSHIP  OF  EXIRA. 
Appeal  from  Audubon  County. 

PUNISHMENT.  The  punishment  of  a  pupil  with  undue  severity,  or  with  an  im- 
proper instrument,  is  unwarrantable,  and  may  serve  in  some  degree  to  indi- 
cate the  animus  of  the  teacher. 

PUNISHMENT.  In  applying  correction,  the  teacher  must  exercise  sound  discre- 
tion and  judgment  and  should  choose  a  kind  of  punishment  adapted  not  only 
to  the  offense,  but  to  the  offender. 

Charges  were  preferred  against  E.  E.  Watson  for  harsh  and  unreason- 
able punishment  of  a  pupil,  and  upon  investigation  the  teacher  was  dis- 
charged. From  this  action  of  the  board  he  appealed  to  the  county  superin- 
tendent, who  reversed  its  action,  and  the  district  appeals. 

From  the  evidence,  it  appears  that  the  pupil  upon  whom  the  punish- 
ment was  inflicted  was  a  boy  thirteen  years  of  age,  and  that  the  offense 
was  such  that  punishment  was  deserved.  The  instrument  selected  was  a 
hickory  stick,  three-fourths  of  an  inch  in  diameter  at  one  end,  and  one-half  inch 
at  the  other,  and  fifteen  or  eighteen  inches  long.  The  punishment  was  in- 
flicted by  striking  upon  the  palm  of  the  hand  from  eight  to  twelve  strokes. 
It  appears  that  the  boy's  hand  was  thereby  disabled  for  some  days. 

It  is  alleged  by  the  teacher  that  the  punishment  was  inflicted  for  the  good 
of  the  school,  and  that  it  was  without  malice  on  his  part.  We  consider 
the  selection  of  such  an  instrument  for  the  punishment  of  a  pupil  inju- 
dicious, unwarrantable,  and  dangerous,  and  that  the  consequences  might 
be  fraught  with  the  gravest  results,  and  that  such  selection  may  serve  in 
some  degree,  to  indicate  the  animus  of  the  teacher.  REVEBSED. 

ALONZO  ABERNETHY, 

June  6,  1874.  Superintendent  of  Public  Instruction. 


SANFORD  HARWOOD  v.  INDEPENDENT  DISTRICT  OF  CHARLES  CITY. 
Appeal  from  Floyd  County. 

PUNISHMENT.     The  right  of    the    parent   to    restrain  and    coerce   obedience    in 
children  applies  equally  to  the  teacher  or  to  any  one  who  acts  in  loco  parentis. 

RULES  AND  REGULATIONS.     Boards  of  directors  and  their  agents,  the  teachers, 
may  establish  reasonable  rules  for  the  government  of  their  schools. 

RULES  AND  REGULATIONS^    The  teacher  has  the  right  to  require  a  pupil  to  an- 
swer questions  which  tend  to  elicit  facts  concerning  his  conduct  in  school. 

RULES  AND  REGULATIONS.    The  pupil  is  answerable  for  acts  which  tend  to  pro- 
duce nj^rriment  in  the  school  or  to  degrade  the  teacher, 
2 


18  SCHOOL  LAW  DECISIONS 

RULES  AND  REGULATIONS.  Open  violation  of  the  rules  can  not  be  shielded  from 
investigation  under  the  plea  that  it  invades  the  rights  of  conscience. 

BOARD  OF  DIRECTORS.  The  board  shall  be  sustained  in  all  legitimate  and  reason- 
able' measures  to  maintain  order  and  discipline,  to  uphold  the  rightful  author- 
ity of  tne  teacher,  and  to  prevent  or  suppress  insubordination  in  the  school. 

This  case  involves  the  right  of  a  teacher  to  require  a  pupil  to  answer 
questions  concerning  his  conduct  in  school,  or  to  testify  against  him- 
self. 

Burritt  Harwood,  a  member  of  the  high  school  department,  having  broken 
certain  rules  of  the  school,  was  suspended  by  the  superintendent  for  refus- 
ing to  answer  a  question  relating  thereto.  The  pupil's  father  petitioned 
the  board  to  restore  the  pupil.  The  board,  having  investigated  the  facts, 
adopted  the  following:  "Resolved,  That  the  school  board  sustain  Prof. 
Shepard  in  his  suspension  of  Burritt  Harwood;  provided,  Burritt  Harwood 
be  reinstated  if  he  answer  the  question,  for  the  refusal  to  answer  which  he 
was  suspended,  subject  to  such  further  action  as  may  be  taken  by  the 
principal  or  school  board  for  making  and  circulating  the  caricature."  The 
president  and  four  other  members  voted  for,  and  one  against  the  resolution. 
From  this  action  of  the  board,  S.  Harwood  appealed  to  the  county  superin- 
tendent, who  reversed  its  action.  The  board  appeals. 

The  power  of  the  parent  to  restrain  and  coerce  obedience  in  children 
can  not  be  doubted,  and  it  has  seldom  or  never  been  denied.  This  principle 
applies  equally  to  the  teacher  or  to  any  one  who  acts  In  loco  parentis. 
Boards  of  directors,  and  their  agents,  the  teachers,  may  establish  all  rea- 
sonable and  proper  rules  for  the  government  of  schools,  and  to  control  the 
conduct  of  pupils  attending  the  same.  "Any  rule  of  the  school  not  sub- 
versive of  the  rights  of  the  children  or  parents  or  in  conflict  with  humanity 
and  the  precepts  of  divine  law,  which  tends  to  advance  the  object  of  the 
law  in  establishing  public  schools,  must  be  considered  reasonable  and 
proper."  Burdick  v.  Babcock,  31  Iowa,  562. 

The  superintendent  had  occasion  to  leave  the  high  school  in  charge  of  his 
assistant  while  he  should  attend  to  official  duties  elsewhere.  On  his  re- 
turn, about  4  p.  m.,  the  assistant  reported  that  there  had  been  much  dis- 
order on  the  part  of  some  of  the  pupils,  and  that  she  required  several  of 
the  pupils  to  remain  and  report  their  misdemeanors  to  the  superintendent. 
Burritt  Harwood,  being  called  upon,  said  in  substance:  "I  have  two  mis- 
demeanors to  report:  I  threw  snow  in  the  lower  hall  during  recess,  and  I 
passed  a  piece  of  paper  across  the  aisle  to  my  brother's  desk."  Both  are 
recognized  as  violations  of  the  rules  of  the  school.  The  nature  and  magni- 
tude of  the  first  are  readily  discernible,  and  need  no  further  investigation; 
not.  so  of  the  second;  much  depends  upon  the  character  of  the  "piece  of 
paper,"  whether  simply  blank  paper  or  containing  writing  or  other  marks. 
Being  asked  to  state  the  nature  of  the  paper,  he  at  first  answered  evasively. 
Being  further  questioned,  replied  that  it  was  "pictoral,"  that  it  was  a 
"burlesque  or  caricature,"  that  "it  represented  the  schoolhouse  and  some 
nerson  or  persons,"  that  "the  person  or  persons  represented  were  connected 
with  the  school."  The  question,  "whom  he  had  intended  to  burlesque," 
after  some  hesitation  he  declined  to  answer.  For  this  act  of  disobedience 
he  was  suspended, 


SCHOOL  LAW  DECISIONS  19 

The  question  which  he  refused  to  answer  appears  to  differ  in  no  essential 
feature  from  those  previously  answered.  By  it  the  teacher  simply  sought  to 
discover  an  additional  fact  in  connection  with  the  case.  If  he  had  a  right 
to  ask  the  former,  he  had  the  latter.  If  there  is  any  reason  why  the  pupil 
had  the  right  or  should  claim  the  privilege  of  declining  to  answer  the  last, 
he  should  have  stated  it.  Certainly  no  good  reason  appears  from  the  nature 
of  the  offense,  and  the  degree  of  punishment  which  it  merited  depended 
upon  the  information  which  the  teacher  sought  to  obtain  by  this  and  the 
previous  question.  If  the  paper  contained  simply  the  solution  of  a  problem 
or  something  connected  with  his  lesson,  it  merited  one  degree  of  punish- 
ment; if  its  purpose  was  to  create  merriment  among  the  pupils,  thus  divert- 
ing their  attention  from  their  studies,  it  required  another  degree;  if  by  it 
the  pupil  sought  to  bring  ridicule  upon  a  teacher,  to  the  prejudice  of  good 
order  and  government  of  a  school,  still  another;  each  would  be  a  violation 
of  the  rules,  but  not  each  equally  punishable.  The  Claim  of  appellee  that 
it  was  an  attempt  to  pry  into  the  secrets  of  the  heart,  and  was  a  violation 
of  the  right  of  conscience,  is  scarcely  sustained  by  the  facts.  The  question, 
"whom  did  you  intend  to  represent?"  is  essentially  equivalent  to  "whom 
did  you  represent."  Its  purpose  evidently  was  not  to  find  out  the  thought  or 
intent,  but  the  act  of  the  pupil.  The  question  was  simply  what  was  the 
character  of  the  picture  drawn  and  circulated  to  the  disturbance  of  the 
school.  It  does  not  appear  how  the  rights  of  conscience  would  be  violated 
in  answering  the  question.  It  may  be  true  that  the  picture  itself,  if  pro- 
duced, would  furnish  the  best  evidence,  but  the  teacher  clearly  had  the 
right,  in  its  absence,  and  knowing  nothing  of  its  nature  beyond  what  the 
pupil  had  already  revealed,  to  seek  this  information  directly  and  immedi- 
ately by  proper  questions.  Nor  can  the  pupil  shield  himself  under  the  pro- 
visions of  the  law  that  a  prisoner  at  the  bar  can  not  be  compelled  to  answer 
questions  which  will  tend  to  render  him  criminally  liable  or  expose  him  to 
public  ignominy.  He  is,  in  no  proper  sense,  accused  of  crime  before  a 
court  of  law,  authorized  to  sit  in  judgment  under  a  criminal  code. 

The  picture,  which  was  afterward  produced,  reveals  anything  but  a  right 
spirit  in  the  pupil.  Probably  no  one  who  has  seen  it  doubts  that  it  is  a 
coarse  caricature  of  the  superintendent  and  his  assistant.  His  refusal 
to  answer  was  evidently  not  that  he  could  not  conscientiously  do  so,  nor 
that  it  would  tend  to  criminate  himself,  but  was  a  deliberate  act  of  in- 
subordination. All  the  attendant  circumstances,  the  evasive  and  studied 
replies  to  the  superintendent's  questions,  the  caricature  itself,  and  its  circu- 
lation through  the  school  during  the  absence  of  the  superintendent,  to- 
gether with  a  previous  malicious  caricature  of  the  same  nature,  all  reveal 
a  disregard  for  the  regulations  of  the  school,  the  respectful  conduct  due 
from  a  pupil,  and  an  animus  toward  the  teacher  anything  but  proper. 

In  our  opinion,  unnecessary  stress  was  laid,  in  the  trial  before  the  super- 
intendent, upon  the  technical  ground  of  suspension  by  the  superintendent. 
The  board  having  had  the  whole  subject  under  investigation,  including 
statements  of  the  offenses  from  both  the  superintendent  and  the  pupil, 
sustained  the  superintendent,  or  in  other  words,  suspended  the  pupil  con- 
ditionally from  the  school,  as  it  probably  had  a  right  to  do  for  any  one  of 
the  offenses  named.  This  being  a  discretionary  act,  due  weight  must  be 
given  to  such  action  by  an  appellate  tribunal,  especially  should  the  board 
be  sustained  in  all  legitimate  and  reasonable  measures  to  maintain  order 


20  SCHOOL  LAW  DECISIONS 

and  discipline,  to  uphold  the  rightful  authority  of  the  teacher,  and  to  pre- 
vent or  suppress  insubordination  in  the  school.  REVERSED. 

ALONZO  ABERNETHY, 
June  8,  1874.  Superintendent  of  Public  Instruction. 


J.  W.  HUBBARD  v.  DISTRICT  TOWNSHIP  OF  LIME  CREEK. 
Appeal  from  Cerro  Gordo  County. 

APPEAL.  The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters 
within  their  control  is  mandatory;  from  such  action  of  the  board  no  appeal  can 
be  taken.  If  such  action  is  tainted  with  fraud,  an  application  to  a  court  of 
law  is  the  proper  remedy. 

I         .       .    •  ! 

BOARD  or  DIRECTORS,  The  board,  though  not  bound  by  a  vote  of  the*  electors 
directing  the  precise  location  of  a  schoolhouse  site,  is  required  to  so  locate  it 
as  to  accommodate  the  people  for  whom  it  is  designed. 

BOARD  OF  DIRECTORS.  If  in  the  selection  of  a  site  the  board  violates  law  or 
abuses  its  discretionary  power,  its  action  may  be  reversed  on  appeal. 

CERTIORARI.  A  fraudulent  or  illegal  action  may  be  corrected  by  application  to 
a  court  for  a  writ  of  certiorari. 

The  electors  of  the  district  township  voted  a  tax  to  build  a  school- 
house  on  what  is  known  as  the  Simons  road,  near  where  it  crosses  the 
Central  railroad.  On  a  separate  motion,  the  board  was  instructed  to  sell 
the  schoolhouse  known  as  number  three.  In  accordance  with  the  first 
mentioned  action,  the  board  located  a  schoolhouse  site  on  said  road,  fifty 
feet  from  said  crossing.  From  this  action  appeal  was  taken,  the  appellant 
claiming  it  to  be  a  relocation  of  the  site  known  as  number  three,  and  that 
such  action  was  with  the  express  intention  of  selling  the  schoolhouse 
and  abandoning  the  site  thereof.  The  county  superintendent  reversed  the 
action  of  the  board  and  the  district  township  appeals. 

The  district  township  coincides  with  a  congressional  township  in  bound- 
aries and  extent,  and  is  comprised  in  one  subdistrict.  It  is  claimed  that 
the  action  of  the  district  township  meeting  did  not  represent  the  wishes  of 
the  people;  that  there  are  ninety-five  voters  in  the  district,  and  but  twenty- 
seven  were  present  at  such  meeting;  also  that  in  the  location  of  the  site  the 
board  did  not  consult  the  convenience  of  the  people. 

Section  1717  provides  that  the  electors,  when  legally  assembled  at  the 
district  township  meeting,  shall  have  power  "to  direct  the  sale  or  other 
disposition  to  be  made  of  any  schoolhouse,  or  site  thereof,  and  of  such  other 
property,  personal  and  real,  as  may  belong  to  the  district."  Section  1723 
provides  that  the  board  "shall  make  all  contracts,  purchases,  payments,  and 
sales  necessary  to  carry  out  any  vote  of  the  district."  Section  1724  provides 
that  the  board  "shall  fix  the  site  for  each  schoolhouse,  taking  into  consider- 
ation the  geographical  position  and  convenience  of  the  people  of  each  por- 
tion of  the  subdistrict." 

The  execution  of  the  vote  of  the  electors  by  the  board  is  mandatory; 
from  its  action  in  so  floing,  no  appeal  can  be  taken,  In  case  such  action 


SCHOOL  LAW  DECISIONS  21 

is  in  any  manner  tainted  with  fraud,  an  application  to  a  court  of  law  is  the 
proper  remedy. 

The  power  to  locate  schoolhouse  sites  is  vested  originally  in  the  board. 
Although  the  board  has  authority  to  locate  schoolhouse  sites,  yet  money 
legally  voted  by  the  electors  for  a  specific  purpose,  must  be  expended  in 
accordance  with  such  vote;  if  voted  to  erect  a  schoolhouse  in  a  certain  subdis- 
trict,  it  can  not  legally  be  used  to  build  a  schoolhouse  in  another.  While 
any  directions  of  the  voters  attempting  to  locate  precisely  a  schoolhouse 
site,  are  void,  yet  the  board  is  bound  so  to  locate  it  as  to  accommodate  the 
people  for  whom  designed;  in  the  absence  of  such  instructions,  the  board 
may  exercise  more  widely  its  discretion  in  fixing  schoolhouse  sites.  If  in 
the  performance  of  this  duty  it  violates  law,  acts  with  manifest  injustice, 
or  in  any  manner  shows  an  abuse  of  discretionary  power,  its  action  may 
properly  be  reversed  by  the  county  superintendent.  In  this  case  we  do  not 
discover  that  the  board  has  in  any  manner  failed  in  the  proper  performance 
of  its  duty.  REVERSED. 

ALONZO  ABERNETHY, 

July  7,  1875.  Superintendent  of  Public  Instruction. 


E.  GOSTING  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Plymouth  County. 

SCHOOLHOUSE  SITE.  The  action  of  a  committee  appointed  by  the  board  to  locate 
a  site  is  of  no  force  until  officially  adopted  by  the  board  while  in  session. 

SCHOOLHOUSE  SITE.  Subdistrict  boundaries  can  not  be  changed  in  appeal  re- 
lating solely  to  locating  a  site,  nor  can  a  site  be  located  with  the  expectation 
that  boundaries  will  be  changed,  unless  such  intention  of  the  board  is  shown. 

JURISDICTION.  The  county  superintendent  has  jurisdiction  only  of  the  matter 
to  which  the  appeal  relates. 

APPEAL.  The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the 
decision  or  order  complained  of.  Ordinarily  a  person  living  in  one  subdistrict 
can  not  appeal  from  an  action  of  the  board  locating  a  site  in  another. 

A  committee  appointed  to  locate  a  schoolhouse  site  for  the  accommoda- 
tion of  the  residents  of  subdistricts  number  seven  and  nine,  reported  that 
it  had  selected  the  northwest  corner  of  section  ten,  and  afterward  that  it 
had  chosen  instead,  a  site  about  eighty  rods  east  of  the  northwest  corner 
of  section  eleven.  There  is  no  record  showing  that  any  action  was  taken 
in  relation  to  these  reports. 

Subdistrict  number  nine  consists  of  the  east  one-half  of  congressional 
township  number  90,  range  45.  The  appellant  resides  in  subdistrict  number 
seven,  which  comprises  the  west  one-half  of  the  same  congressional  town- 
ship. The  decision  of  the  county  superintendent  is  as  follows:  "After 
considering  the  evidence  and  the  plat  introduced,  I  sustain  the  committee  in  its 
first  location  at  the  northwest  corner  of  section  ten  of  said  township."  D. 
M.  Relyea  appeals. 

The  power  to  locate  schoolhouse  sites  is  vested  in  the  board  of  directors. 
The  action  of  a  committee  appointed  by  the  board  to  locate  a  schoolhouse 


22  SCHOOL  LAW  DECISIONS 

site  is  of  no  force  until  its  report  is  officially  adopted  by  the  board  while  in 
session. 

Section  1725  provides  that  the  board  "shall  determine  where  pupils  may 
attend  school;  and  for  this  purpose  may  divide  their  district  into  such 
subdistricts  as  may  by  them  be  deemed  necessary."  The  object  of  dividing 
a  district  township  into  subdistricts  is  to  determine  where  pupils  shall 
attend  school.  While  it  is  frequently  the  case  that  pupils  may  more  con- 
veniently attend  school  in  an  adjoining  subdistrict,  it  would  obviously  be 
improper  to  locate  a  schoolhouse  site  expressly  for  the  accommodation  of 
such  pupils,  unless  with  the  intention  of  subsequently  making  a  redivision 
of  the  district  township.  The  county  superintendent  has  jurisdiction  only 
of  the  matter  to  which  the  appeal  relates.  He  can  not  properly,  upon  an 
appeal  relating  to  the  location  of  a  schoolhouse  site,  change  subdistrict 
boundaries,  nor  can  he  locate  a  schoolhouse  site  with  the  expectation  that 
such  boundaries  will  ultimately  be  changed,  unless  such  is  shown  to  be  the 
intention  of 'the  board. 

The  right  to  appeal  from  actions  of  the  board  is  confined  to  persons  in- 
juriously affected  by  the  decision  or  order  of  which  complaint  is  made.  Or- 
dinarily, a  person  living  in  one  subdistrict  can  not  properly  appeal  from  an 
action  of  the  board  locating  a  schoolhouse  site  in  another. 

The  decision  of  the  county  superintendent  is  set  aside,  and  the  location  of 
the  schoolhouse  site  is  left  to  the  discretion  of  the  board.  REVERSED. 

ALONZO  ABERNETHY, 

September  7,  1875.  Superintendent  of  Public  Instruction. 


J.  E.  BROWN  v.  DISTRICT  TOWNSHIP  OF  VAN  METER. 
Appeal  from  Dallas  County. 

APPEAL.  The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old 
schoolhouse  site  is  an  action  from  which  appeal  may  be  taken. 

BOARD  OF  DIRECTORS.  The  action  of  the  board  can  not  be  reversed  upon  the  al- 
legations of  appellant  without  proof,  or  by  reason  of  failure  to  make  defense. 

BOARD  OF  DIRECTORS.  The  acts  of  the  board  are  presumed  to  be  regular,  legal 
and  just  and  should  be  affirmed  unless  proof  is  brought  to  show  the  contrary. 

SUBDISTRICT  BOUNDARIES.  The  acts  of  a  board  changing  subdistrict  boundaries 
and  locating  schoolhouses  are  so  far  discretionary  that  they  should  be  affirmed 
on  appeal,  unless  it  is  shown  beyond  a  doubt  that  there  has  been  an  abuse  of 
discretion. 

COUNTY  SUPERINTENDENT.  The  weight  that  properly  attaches  to  the  discretion- 
ary actions  of  a  tribunal  vested  with  original  jurisdiction  does  not  apply  to 
the  decisions  of  an  inferior  appellate  tribunal. 

The  county  superintendent  reversed  the  action  of  the  board  in  selecting 
the  old  site  in  subdistrict  number  two,  upon  which  to  erect  a  schoolhouse, 
and  located  the  site  about  eighty  rods  westward  of  the  old  one.  From  this 
decision  the  district  township  appeals,  claiming  in  substance  that  the  county 
superintendent  erred  as  follows:  That  there  was  no  action  of  the  board 
relative  to  the  selection  of  a  schoolhouse  site  in  subdistrict  number  two 


SCHOOL  LAW  DECISIONS  23 

from  which  an  appeal  would  lie;  that  the  board  failed,  by  reason  of  a  mis- 
understanding, to  appear  and  defend,  and  that  it  was  unjustly  refused  a 
rehearing;  that  the  old  site  was  suitable,  convenient  and  at  the  center  of 
population,  both  present  and  prospective,  and  that  the  reversal  of  the  action 
of  the  board  was  without  sfncient  cause,  there  being  no  evidence  that  it 
abused  its  discretionary  pcwer  or  acted  with  injustice. 

From  the  transcript,  it  appears  that  a  committee  was  appointed  to  select 
a  site  for  the  erection  of  a  schoolhouse  in  subdistrict  number  two;  that  it 
reported  in  favor  of  the  old  site,  and  that  its  report  was  adopted  by  the 
board.  The  law  provides  that  an  appeal  may  be  taken  by  any  party  aggrieved, 
from  any  order  or  decision  of  the  board. 

That  there  was  an  action  of  the  board,  and  that  the  subject-matter  to 
which  such  action  relates  is  the  location  of  a  schoolhouse  site  in  subdistrict 
number  two,  there  can  be  no  reasonable  doubt,  hence  the  action  of  the 
board  was  subject  to  appeal,  and  such  appeal  gave  to  the  county  superin- 
tendent jurisdiction  in  the  matter  of  location  of  said  schoolhouse  site. 

It  is  the  duty  of  the  county  superintendent  to  give  due  notice  to  all 
parties  directly  interested  in  an  appeal  from  the  board,  and  to  afford  full 
opportunity  for  the  presentation  of  evidence,  but  the  action  of  the  board  can 
not  properly  be  reversed  upon  the  allegations  of  the  appellant  without  proof, 
or  by  reason  of  the  failure  of  the  board  to  be  present  and  make  defense. 
The  acts  of  the  board  are  presumed  to  be  regular,  legal  and  just,  and  should 
be  affirmed  by  the  county  superintendent,  unless  proof  is  brought  to  show 
the  contrary.  In  this  case,  however,  the  board  appears  to  have  had  due 
notice  and  ample  opportunity  to  defend  the  case.  It  is  not  claimed  that 
any  additional  evidence  could  be  produced  that  would  materially  affect  the 
issue;  but  that  the  board,  understanding  through  popular  report  that  the 
case  was  withdrawn,  failed  to  be  present  at  the  trial,  and  upon  this  ground 
asks  for  a  rehearing,  which  was  very  properly  refused. 

The  site  selected  by  the  county  superintendent  is  nearly  central,  being 
eighty  rods  west  of  that  chosen  by  the  board.  Both  appear  to  be  suitable. 
The  eastern  part  of  the  subdistrict  is  mostly  prairie  land,  while  the  western 
portion  is,  to  a  considerable  extent,  timber  land. 

The  evidence  as  to  which  site  will  better  serve  the  interests  and  con- 
venience of  the  residents  of  the  subdistrict  is  conflicting.  The  board  is 
entitled  to  the  benefit  of  any  doubt  upon  this  point.  Unless  it  is  clearly 
proven  that  it  has  violated  the  law,  abused  its  discretionary  power,  or  has 
acted  with  manifest  injustice,  its  action  should  be  affirmed. 

It  is  urged  by  the  appellee  that  the  same  weight  attaches  to  actions  of 
an  inferior  appellate  tribunal,  upon  appeal,  that  is  given  to  tribunals  hav- 
ing original  jurisdiction.  It  is  held  that  the  action  of  the  board  in  matters 
of  which  it  has  original  jurisdiction,  is  alone  entitled  to  this  consideration  by 
any  superior  tribunal  upon  appeal.  REVERSED. 

ALONZO  ABERNETHY, 

September  17,  1875.  Superintendent  of  Public  Instruction. 


MARY  M.  THOMPSON  v.  DISTRICT  TOWNSHIP  OF  JASPER. 

Appeal  from  Adams  County. 

TEACHER.     When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action 
in  the  courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;   when  dis- 


24  SCHOOL  LAW  DECISIONS 

charged  for  incompetency,  dereliction  of  duty,  or  other  cause  affecting  his 
qualifications  as  a  teacher,  he  has  the  right  of  appeal. 

TEACHER.  The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 
director  and  board  in  all  matters  pertaining  to  the  conduct  and  welfare  of  the 
school. 

The  board  discharged  the  teacher  in  one  of  the  public  schools  of  the 
district  for  dereliction  of  duty.  She  applied  to  the  county  superintendent, 
who  reversed  its  decision;  from  this  action,  the  board,  through  its  president, 
appeals. 

At  the  hearing  before  the  county  superintendent,  the  board  filed  a  mo- 
tion to  dismiss  the  case  for  want  of  jurisdiction,  insisting  that  the  teacher 
having  been  dismissed  in  accordance  with  the  provisions  of  section  1734, 
her  proper  remedy  was  an  action  at  law  for  damages. 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in  the 
courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and  adequate  rem- 
edy. When  discharged  for  incompetency,  dereliction  of  duty,  or  other  cause 
affecting  his  qualifications  as  a  teacher,  he  has  the  right  to  appeal  to  the 
county  superintendent,  who  is  the  proper  officer  to  review  questions  of  this 
character,  and  to  determine  whether  the  board  has  in  the  exercise  of  its 
authority  violated  the  law  or  abused  its  discretionary  power.  Questions  con- 
cerning the  validity  of  contracts,  the  right  to  recover  for  services  performed, 
and  the  interpretation  of  law,  belong  especially  to  judicial  tribunals.  Ques- 
tions concerning  the  character  and  qualifications  of  the  teacher,  and  his 
management  of  the  school,  are  by  appeal  within  the  jurisdiction  of  the 
county  superintendent.  The  motion  to  dismiss  was  properly  overruled. 

The  charges  of  dereliction  were  want  of  promptness  in  commencing  school 
in  the  morning,  and  an  occasional  refusal  to  hear  the  recitation  of  one  or 
more  of  her  pupils.  For  this  dereliction  there  appears  .to  have  been  some 
extenuating  circumstances.  Under  the  contract,  it  was  the  subdlrector's  duty  to 
have  fires  built.  The  boy  employed  to  do  this  work  often  failed  to  have 
the  schoolhouse  in  comfortable  condition  at  nine  o'clock.  The  teacher  usu- 
ally made  up  lost  time  by  teaching  after  four  o'clock,  and  there  is  no  evi- 
dence that  the  subdirector  or  board  ever  advised  her  with  regard  to  the 
performance  of  her  duties.  The  board  convened  at  the  schoolhouse  without 
previous  notice  to  the  teacher,  and  after  taking  the  tesimony  of  pupils, 
unanimously  voted  to  discharge  her.  AFFIRMED. 

ALONZO  ABERNETHY, 

May  8,  1876.  Superintendent  of  Public  Instruction. 


S.  W.  WOODS  et  al  v.  DISTRICT  TOWNSHIP  OF  BRIGHTON. 
Appeal  from  Cass  County. 

BOARD  OF  DIRECTORS.  The  acts  of  the  board  must  be  presumed  to  be  regular, 
and  should  be  affirmed  unless  positive  proof  is  brought  to  show  the  contrary. 

SCHOOLHOUSE  SITE.  The  prospective  wants  of  a  subdistrict  may  properly  have 
weight  in  determining  the  selection  of  a  site,  when  such  selection  becomes 
necessary,  but  not  in  securing  the  removal  of  a  schoolhouse  now  conveniently 
located. 


SCHOOL  LAW  DECISIONS  25 

SCHOOLHOUSE  SITE.  To  make  a  distinction  between  the  children  of  freeholders 
and  those  of  tenants  in  determining  the  proper  location  for  a  schoolhouse,  is 
contrary  to  the  spirit  and  intent  of  our  laws. 

The  board  by  a  vote  of  five  to  two  rejected  a  petition  asking  the  removal 
of  the  schoolhouse  in  subdistrict  number  eight.  On  appeal,  the  county 
superintendent  reversed  the  action  of  the  board,  and  ordered  the  removal 
of  the  schoolhouse  to  the  place  named  in  the  petition.  Win.  F.  Altig  ap- 
peals. 

Subdistrict  number  eight  contains  sections  27,  28,  33,  34,  and  sixty  acres 
lying  in  section  32,  and  has  a  good  commodious  schoolhouse,  erected  three 
'  years  ago,  one-half  mile  west  of  the  center,  on  a  public  road  passing  east 
and  west  through  the  center  of  the  subdistrict.  There  are  about  thirty  chil- 
dren of  school  age  in  the  subdistrict,  twenty-two  of  whom  reside  in  the 
western  half,  and  nineteen  west  of  the  present  site.  All  those  residing  east 
of  the  present  site,  except  one  child,  are  within  one  and  a  half  miles  of  the 
schoolhouse,  while  by  the  proposed  removal,  a  large  number  would  be  at  a 
greater  distance. 

The  action  of  the  board  in  refusing  to  remove  a  schoolhouse  should  not 
be  interfered  with  on  appeal,  except  upon  evidence  of  violation  of  law,  or 
abuse  of  discretionary  power.  In  this  case  there  is  no  evidence  of  such 
abuse.  The  prospective  wants  of  a  subdistrict  may  properly  have  weight 
in  determining  the  selection  of  a  site  upon  which  to  build  a  schoolhouse, 
when  such  a  selection  becomes  necessary,  but  not  in  determining  the  re- 
moval of  a  house,  located  conveniently  for  the  present  wants  of  the  sub- 
di-strict. 

It  appears  that  a  .considerable  portion  of  the  school  population  consists 
of  the  children  of  tenants,  and  much  stress  is  laid  upon  the  assumed  dis- 
tinction that  should  be  made  between  the  children  of  tenants  and  those  of 
freeholders,  in  determining  the  proper  location  of  the  schoolhouse.  Dis- 
tinctions based  upon  the  ownership  of  property  or  permanence  of  residence 
are  not  made  in  the  law,  would  not  well  comport  with  the  fundamental  prin- 
ciples upon  which  our  public  school  system  is  based,  and  should  not  have 
weight  in  determining  the  location  of  schoolhouse  sites.  It  is  the  duty 
of  the  board  to  provide  equal  school  facilities  for  the  youth  of  the  district 
as  far  as  practicable,  regardless  of  considerations  relating  to  permanence 
of  residence.  The  schoolhouse  may  properly  be  removed  whenever  the  con- 
ditions of  the  subdistrict  require  it,  but  unnecessary  expense  should  not  be 
incurred  in  such  removal  in  anticipation  of  possible,  or  even  probable, 
changes  of  this  character.  REVERSED. 

ALONZO  ABERNETHY, 

July   31,   1876.  Superintendent   of  Public  Instruction. 


J.  N.  ARTHUR  et  al.  v.  INDEPENDENT  DISTRICT  OF  FAIRWAY. 
Appeal  from  Adams  County. 

SCHOOLHOUSE   SITES.     The  necessities  of  the   present  must  be  observed   in   lo- 
cating schoolhouse  sites,  in  preference  to  the  probabilities  of  the  future. 


26  SCHOOL  LAW  DECISIONS 

TESTIMONY.  New  testimony  can  be  introduced  only  when  the  facts  materially 
affecting  the  case  could  not  have  been  known  before  the  trial. 

REMANDING  OF  CASES.  When  the  evidence  discloses  that  the  action  of  the 
board  was  unwarranted,  and  the  facts  are  not  sufficiently  shown  to  determine 
what  should  be  done,  the  case  should  be  remanded  to  the  board. 

In  this  case  the  board  made  an  order  relocating  the  schoolhouse  site; 
from  this  order  J.  N.  Arthur  and  others,  residents  of  the  district,  appealed 
to  the  county  superintendent,  and  upon  his  affirming  the  action  of  the 
board,  to  the  superintendent  of  public  instruction. 

The  district  consists  of  sections  one,  two,  eleven,  twelve,  thirteen  and 
fourteen,  and  the  old  schoolhouse  stands  near  the  southwest  corner  of  the 
southeast  quarter  of  section  one.  The  proposed  new  site  is  in  the  north- 
west corner  of  the  southwest  quarter  of  the  northwest  quarter  of  section 
twelve,  on  a  public  highway  and  one-quarter  of  a  mile  north  of  the  geo- 
graphical center  of  said  district. 

The  grounds  of  objection  by  the  appellants  to  the  removal  are  substan- 
tially, that  the  new  site  is  on  low  bottom  lands  and  subject  to  overflow, 
not  accessible  at  all  times  of  the  year,  and  that  it  is  not  as  near  the  center 
of  the  school  population  as  the  old  site.  They  also  suggest  that  a  location 
at  the  cross  roads  one-half  mile  east  of  the  new  site  is  better  ground  and 
more  convenient  to  the  people.  In  fixing  the  schoolhouse  site,  the  geo- 
graphical position  and  the  convenience  of  the  people  of  each  portion  of  the 
district  should  be  considered. 

From  the  large  amount  of  testimony,  it  is  evident  that  the  new  site  chosen 
is  in  a  low  place,  and  an  affidavit  sent  to  this  office,  and  signed  by  a  number 
of  residents,  proves  beyond  question  that  the  site  has.  been  overflowed  for 
several  days  of  the  last  month.  By  a  close  comparison  it  is  found  that  the 
number  of  residents  who  will  have  their  distance  to  school  increased  by 
choosing  the  new  site,  is  greater  than  those  who  will  have  their  distance 
diminished.  By  locating  the  schoolhouse  at  the  cross  roads,  one-half  mile 
east  of  the  proposed  new  site,  which  location  is  claimed  to  be  higher,  and 
therefore  less  liable  to  overflow,  three-fourths  of  the  residents  will  have 
their  distance  diminished  by  forty  to  one  hundred  and  sixty  rods. 

Although  it  may  be  true,  as  affirmed  in  the  testimony,  that  the  western 
part  of  the  district  is  as  capable  of  settlement  as  the  .eastern  part,  the 
necessities  of  the  present  must  be  observed  in  locating  schoolhouse  sites, 
in  preference  to  the  probabilities  of  the  future.  While  it  is  the  rule  of 
this  department  to  sustain  discretionary  acts  of  the  board,  it  seems  that  in 
this  case  the  true  interest  of  all  concerned,  and  justice  to  a  large  portion 
of  the  people,  demands  that  the  schoolhouse  should  not  be  moved  to  the  new 
site  chosen. 

To  what  extent  the  high  waters  of  last  month  did  affect  the  other  loca- 
tions under  consideration,  is  not  known  to  this  department;  it  is  therefore 
best  to  let  the  matter  come  up  anew  before  the  county  superintendent  for  a 
rehearing.  The  decision  of  the  county  superintendent  is  therefore  reversed, 
and  the  case  remanded  for  a  rehearing,  with  the  direction  from  this  depart- 
ment that  the  proposed  new  site  is  an  unsuitable  one  for  school  purposes. 

REVERSED. 
C.  W.  VON  COELLN, 

October  31,  1876.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS  2? 

J.  ,T.  WILSON  et  al.  v.  DISTRICT  TOWNSHIP  OF  MOXKOI  . 
Appeal    from   Mahaska    County. 

COUNTY  SUPERINTENDENT.  The  county  superintendent  is  not  limited  to  a  re- 
versal or  affirmance  of  the  action  of  the  board,  but  he  determines  the  same 
questions  which  it  had  determined. 

SCHOOLHOUSE  SITE.  The  location  of  a  schoolhouse  can  be  dependent  upon  a 
change  of  boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  definite 
and  positive  intention  to  make  such  a  change. 

HIGHWAY.     If  possible,  every  schoolhouse  site  should  be  upon  a  public  highway. 

COI:NTY  SUPERINTENDENT.  May  make  a  conditional  ruling,  by  which  his  own 
decision  will  be  governed. 

On  the  fourteenth  day  of  April,  1877,  the  board  located  the  site  for  a 
schoolhouse.  From  its  action,  J.  J.  Wilson  and  others  appealed  to  the  coun- 
ty superintendent,  alleging  that  the  board  had  erred  in  making  the  location, 
in  that,  by  reason  of  distance  owing  to  the  location  of  the  roads,  the  location 
as  made  effectually  deprived  many  of  the  subdistrict  of  the  privilege  of  at- 
tendance at  school.  On  trial,  the  county  superintendent  reversed  the  action 
of  the  board,  and  located  a  new  site.  Prom  his  decision  the  board  appeals, 
claiming  that  the  county  superintendent  erred  in  selecting  a  site  entirely 
different  from  those  with  reference  to  which  testimony  was  taken;  that  it 
is  on  the  extreme  east  line  of  said  subdistrict,  and  hence  can  not  be  called 
at  all  central;  that  the  board  took  into  account  in  making  the  location  the 
possibility  of  a  change  in  the  northern  boundary  of  the  subdistrict,  which 
would  make  the  situation  chosen  a  suitable  one  for  the  remaining  sub- 
district;  that  a  portion  of  his  decision  was  conditional  and  void;  and  that 
the  board  did  not  abuse  its  discretion  by  making  the  location  as  it  did. 

The  assumption  that  the  county  superintendent  did  not  have  the  right 
to  locate  a  schoolhouse  site  differing  in  location  from  the  one  made  by  the 
board,  or  the  one  petitioned  for  by  the  appellants,  is  a  mistake.  See 
John  Clark  v.  District  Township  of  Wayne,  School  Law  Decisions  of  1876, 
page  47;  also  the  opinion  of  the  attorney-general  in  Iowa  School  Journal  for 
April,  1866,  in  which  the  following  ruling  was  made:  "The  county  superin- 
tendent is  not  limited  to  a  reversal  or  affirmance  of  the  action  of  the  board, 
but  he  determines  the  same  questions  which  it  had  determined." 

The  nature  of  the  subdistrict  is  peculiar.  It  is  long  and  narrow,  and  its 
western  boundary,  the  North  Skunk  river,  which  also  makes  nearly  all  its 
southern  boundary,  is  a  disturbing  element  when  we  attempt  to  locate  the 
site  of  a  schoolhouse  to  accommodate  all  the  people.  While  under  ordinary 
circumstances  a  site  near  the  boundary  of  a  subdistrict  would  be  unadvis- 
able,  in  this  case  it  seems  necessary,  unless  additional  road  facilities  can  be 
secured.  The  site  selected  by  the  county  superintendent  is  clearly  the  one 
best  calculated  to  accommodate  the  whole  subdistrict  as  constituted  at 
present. 

The  location  of  a  schoolhouse  site  can  be  dependent  upon  a  change  of 
boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  intention  of  the 
board,  or  boards,  to  make  such  change.  In  this  case,  it  is  not  claimed  that 
any  change  is  actually  intended  or  expected.  The  limit,  as  made  provision- 


<2$  SCHOOL  LAW  DECISIONS 

ally  by  the  county  superintendent,  of  thirty  days  for  such  changes  of  roads 
as  would  make  a  more  central  location  feasible  and  desirable,  was  too  short 
a  time,  under  the  provisions  of  law,  to  effect  the  result.  For  that  reason 
we  shall  extend  the  time  for  the  establishment  of  a  road  to  ninety  days 
from  the  date  of  his  decision,  or  to  such  time  as  the  board  of  directors  may 
show  to  be  necessary  to  establish  the  road,  provided  that  immediate  steps 
shall  be  taken  to  bring  about  the  result,  if  desired. 

The  discretion  of  the  board  was  evidently  abused  in  not  providing  equal 
school  facilities  for  those  lying  in  the  northern  portion  of  the  subdistrict, 
by  the  location  of  the  schoolhouse  site. 

In  case  the  road  contemplated  is  secured,  the  board  may  locate  the  site 
thereon,  as  near  the  center  of  the  subdistrict  as  good  and  suitable  ground 
can  be  found.  If  no  steps  are  taken  to  secure  such  a  road,  or  in  case  the 
road  can  not  be  procured,  the  location  last  chosen  by  the  county  superin- 
tendent is  to  be  regarded  as  the  site,  and  his  decision  is  hereby  AFFIBMED. 

C.  W.  VON  COELLN, 

August  7,  1877.  Superintendent  of  Public  Instruction. 


WM.  DONALD  v.  DISTRICT  TOWNSHIP  OF  SOUTH  FORK. 
Appeal  from  Wayne  County. 

SALARY  OF  TEACHERS.  The  salary  of  teachers  should  be  in  proportion  to  their 
ability  and  responsibility,  and  not  equal  when  these  differ  materially. 

SALARY  OF  TEACHERS.  The  control  of  salaries  is  wholly  within  the  power  of 
the  board  and  can  not  be  determined  by  an  appeal,  because  it  is  not  within  the 
jurisdiction  of  county  or  state  superintendent  to  order  the  payment  of  money. 

EXPLANATORY  NOTES.  Notes  to  the  school  law,  while  proper  aids  to  school  of- 
ficers, have  not  the  binding  force  of  law,  and  a  non-compliance  with  them  is 
not  necessarily  a  violation  of  law. 

SCHOOLS.  The  wealthier  portions  of  the  community  should  aid  their  neigh- 
bors in  sustaining  good  schools. 

On  the  eighteenth  day  of  March,  1878,  the  board  made  an  order  fixing 
the  salaries  of  teachers  for  the  summer  schools  at  the  uniform  price  of 
twenty  dollars  per  month.  From  this  action  William  Donald  appealed  to 
the  county  superintendent,  who  affirmed  the  action  of  the  board.  From 
his  decision  William  Donald  appeals. 

It  is  alleged  by  the  appellant  that  the  county  superintendent  erred  in 
deciding  that  the  board  did  not  violate  law  in  voting  that  the  same  amount 
of  salary  should  be  paid  to  the  teacher  in  each  subdistrict.  It  is  claimed 
that  the  board  should  have  provided  for  a  higher  salary  in  some  schools  of 
the  township. 

The  difficulty  with  appellant's  counsel  is  that  he  believes  the  note  to  be  a 
part  of  the  law.  My  predecessor  gave  his  own  views  of  the  employment  of 
teachers  and  I  most  fully  agree  with  him  in  his  view.  The  law  leaves  the 
whole  matter  to  the  board  and  presumes  that  it  will  deal  equitably.  Un- 
fortunately, selfishness  is  a  nearly  universal  characteristic  of  human  kind, 
and  too  often  the  majority,  representing  weak  subdistricts,  weak  both  in 


SCHOOL  LAW  DECISIONS  29 

numbers  and  in  property,  demands  an  equal  distribution  of  the  money  on 
hand  for  teachers'  pay. 

The  law  organizing  the  rural  independent  districts,  passed  in  1872,  arose 
from  the  feeling  that  this  selfishness  was  working  injustice  to  little  towns 
and  wealthy  and  populous  subdistricts.  The  creation  of  these  independent 
districts  works  an  injustice  to  the  weaker  districts,  for  it  is  proper  and  desir- 
able that  the  wealthier  districts  should  aid  their  weaker  neighbors  to  sus- 
tain fair  schools. 

With  regard  to  this  case,  we  do  not  see  wherein  the  board  violated  law. 
The  idea  of  prejudice  is  slightly  apparent  from  the  testimony,  but  not  suffi- 
ciently to  reverse  the  action  of  the  board.  That  equity  has  not  been  ob- 
served seems  very  evident,  for  it  must  be  presumed  that  a  larger  school 
population  requires  a  better  teacher,  and  if  a  better  and  more  experienced 
teacher  is  needed,  a  better  salary  ought  to  be  paid.  There  are  other  con- 
siderations. Usually  the  expense  of  living  is  greater  in  the  town  than  in 
the  country.  It  is  also  the  probability  that  a  larger  tax  is  paid  by  the  town 
than  by  the  country. 

We  are  not  able  at  this  distance  to  determine  whether  twenty  dollars  is 
a  sufficient  compensation  for  the  teacher  of  subdistrict  number  four  of 
South  Fork.  But  if  twenty  dollars  is  only  sufficient  compensation  for  the 
country  subdistricts,  it  is  our  belief  that  a  higher  salary  should  be  given 
the  teacher  in  the  town. 

It  is  out  of  our  jurisdiction  to  give  advice  to  the  board  what  to  do  in 
this  case,  after  determining  that  we  have  no  power  to  reverse  its  action, 
but  we  suggest  that  equity  would  be  served  if  it  should  pay  the  five  dollars 
per  month  assumed  by  Mr.  Anderson.  After  giving  our  views  thus  in  full, 
we  must  agree  with  the  county  superintendent,  and  his  decision  is  there- 
fore AFFIRMED. 

C.  W.  VON  COELLN, 

June  29,  1878.  Superintendent  of  Public  Instruction. 


JAMES  JACOBY  et  al.  v.  INDEPENDENT  DISTRICT  OF  NODAWAY. 
Appeal  from  Adams  County. 

SCHOOLHOUSE  SITE.  A  schoolhouse  site  fixed  by  county  or  state  superintendent 
affirming  the  discretionary  act  of  the  board,  allows  the  board  to  exercise  its 
discretion  again,  especially  if  material  changes  have  occurred. 

DISCRETIONARY  ACTS.  Suggestions  from  the  electors  upon  matters  entirely 
within  the  control  of  the  board  will  in  no  manner  prevent  the  fullest  exercise 
of  the  discretion  vested  in  the  board  by  the  law. 

SCHOOLHOUSE  SITE.  The  endeavor  to  show  regard  for  the  expressed  wishes  of 
the  electors  in  the  choice  of  a  site  will  be  an  added  reason  in  support  of  the 
action  of  the  board. 

In  the  summer  of  1877,  the  board  located  a  schoolhouse  site,  selecting 
one  not  desired  by  a  large  majority  of  the  electors,  as  expressed  at  an 
informal  meeting  called  by  the  board.  An  appeal  was  -taken  to  the  county 
^uperintendent,  who  reversed  ttie  action  of  the  board,  and  in  turn  to  the 


30  SCHOOL  LAW  DECISIONS 

superintendent  of  public  instruction,  who  reversed  the  decision  of  the  county 
superintendent,  thereby  sustaining  the  action  of  the  board,  on  the  ground 
that  the  abuse  of  the  discretion  given  by  the  law  to  the  board,  as  charged, 
was  not  proved. 

Since  the  decision  above  referred  to  was  rendered,  a  dwelling  has  been 
erected  within  twenty  rods  of  the  site  chosen.  Also,  a  material  arldition  has 
been  made  to  the  district  on  its  east  side  of  a  strip  of  land  three  miles  in 
length  and  one-half  mile  in  width. 

At  a  meeting  of  the  board  held  April  22,  1878,  it  relocated  the  school- 
house  site,  choosing  the  old  site  in  place  of  the  one  selected  by  it  last  year. 
From  its  action,  James  Jacoby  and  others  appealed  to  the  county  superin- 
tendent, who  affirmed  the  order  of  the  board.  D.  Shipley  and  Ed.  Kennedy 
appeal. 

This  case  was  before  us  last  year  and  we  affirmed  the  action  of  the  board 
in  selecting  the  new  site,  sustaining  the  discretionary  act  of  the  board. 
Hence,  the  principle  that  a  site  selected  by  the  county  or  state  superinten- 
dent can  not  be  changed  unless  there  have  been  material  changes  in  the 
district,  does  not , apply.  There  have  been  changes  by  the  addition  of  new 
territory  and  a  dwelling  being  erected  within  less  than  forty  rods  of  the 
proposed  site.  The  choice  of  the  old  site  is  in  conformity  with  the  wish 
of  a  majority  of  the  electors,  and  does  not  prove  any  abuse  of  discretion, 
much  less  a  violation  of  law.  The  action  of  the  board  is  sustained,  and  the 
decision  of  the  superintendent  AFFIRMED. 

C.  W.  VON  COELLN, 

August  26,  1878.  Superintendent  of  Public  Instruction. 


L.   E.   COKMACK   v.   DISTRICT  TOWNSHIP  OF  LINCOLN. 

Appeal  from  Adams  County. 
JURISDICTION.     An  appeal  will  not  lie  to  enforce  a  contract. 

JANITORIAL  SERVICES.     If  a  teacher  serves  as  janitor  in  sweeping  the  room  and 
building  fires,  he  should  be  paid  from  the  contingent  fund  for  such  services. 

Mr.  Vandyke,  a  subdirector,  contracted  with  Mrs.  L.  E.  Cormack  as 
teacher  for  the  winter  term  of  school.  The  terms  of  the  contract  included 
that  the  teacher  was  to  receive  twenty-five  dollars  per  month  for  teaching 
and  one  dollar  and  twenty-five  cents  a  month  for  building  the  fires  and 
sweeping  the  schoolhouse.  The  board  refused  to  audit  the  full  account, 
which  would  give  the  teacher  pay  for  janitor's  work,  claiming  that  the 
said  subdirector  exceeded  his  authority  in  so  contracting.  Mrs.  Cormack 
appealed  to  the  county  superintendent,  who  reversed  the  action  of  the  board. 
W.  C.  Potter,  president  of  the  board,  appeals. 

This  case  has  evidently  for  its  object  the  securing  of  money  on  contract, 
and  as  section  1836  prevents  county  and  state  superintendents  from  ren- 
dering a  judgment  for  money,  it  has  been  the  common  custom  to  refuse  to 
entertain  any  appeal  in  which  a  contract  is  to  be  decided  by  such  appeal; 
for  this  reason  the  county  superintendent  should  have  dismissed  the  case 
for  want  of  jurisdiction, 


SCHOOL  LAW  DECISIONS  31 

It  may  not  be  out  of  place  here  to  state  that  unless  a  contract  with  the 
teacher  provides  that  building  fires  and  sweeping  the  house  is  included,  the 
board  can  not  require  such  service  of  the  teacher.  The  payment  for  such 
services  should  come  from  the  contingent  fund  and  should  be  specifically 
mentioned.  The  teachers'  fund  is  not  to  be  used  for  paying  for  janitorial 
services. 

Without  deciding  any  question  at  issue,  we  are  of  the  opinion  that  the 
subdirector  did  not  exceed  his  authority  given  him  by  section  1753  when 
he  agreed  to  pay  a  reasonable  sum  for  janitorial  services  besides  the  twenty- 
five  dollars  paid  under  instruction  from  the  board  for  teachers'  services. 
But  since  we  do  not  consider  the  case  within  our  jurisdiction,  the  decision 
of  the  county  superintendent  is  reversed  and  the  case  DISMISSED. 

•  C.  W.  VON  COELLN, 

March  1,  1879.  Superintendent  of  Public  Instruction. 


W.   F.   RANKIN  v.  DISTRICT  TOWNSHIP  OF  LODOMILLO. 
Appeal  from  Clayton  County. 

RECORDS.  The  record  of  the  secretary  shall  be  considered  as  evidence,  and  can 
not,  be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or  falsehood. 

TERRITORY.  Where  territory  is  to  be  transferred  by  concurrent  action  of  two 
boards  to  the  district  to  which  it  geographically  belongs,  a  majority  of  the 
members  elect  is  not  necessary,  as  required  for  the  change  of  subdistrict 
boundaries. 

APPPEAL.  The  action  of  two  boards  upon  a  subject  over  which  .they  have 
divided  control  constitutes  a  concurrent  action,  and  appeal  may  be  taken  only 
from  the  order  of  the  board  taking  action  last. 

This  appeal  relates  to  the  transfer  of  territory  in  the  civil  township  of 
Cass,  which  has  belonged  to  the  district  township  of  Lodomillo  since  1856, 
to  the  township  to  which  it  geographically  belongs. 

The  board  of  the  district  township  of  Cass  appointed  a  committee  to 
meet  a  committee  chosen  by  the  Lodomillo  board,  to  agree  upon  terms  of 
transfer.  The  district  township  of  Lodomillo  also  appointed  a  committee. 
The  joint  committee  agreed  upon  a  report,  which  the  board  of  Cass  adopted 
September  16,  1878.  On  the  twelfth  day  of  October,  1878,  the  Lodomillo 
board,  by  a  vote  of  four  to  six  members  present  of  a  board  of  ten,  also 
adopted  the  report  and  accepted  the  proposition  agreed  to  by  the  board  of 
Cass. 

From  the  action  of  the  Lodomillo  board  W.  F.  Rankin  appealed  to  the  county 
superintendent,  who  dismissed  the  case  for  want  of  jurisdiction,  and  stated  that 
the  action  of  the  board  was  plainly  in  violation  of  the  law,  since  section  1738 
requires  a  majority  of  the  board  to  change  the  boundaries  of  subdistricts. 
From  this  decision  W.  F.  Rankin  appeals. 

The  secretary's  transcript  of  the  transactions  of  the  meeting  of  the  board 
of  Lodomillo,  held  October  12,  1878,  does  not  show  any  irregularity  in  the 

*Note— We  have  since  learned  that  the  teacher  recovered  in  a  suit  in  the  courts 
at  law. 


32  SCHOOL  LAW  DECISIONS 

transaction,  does  not  show  the  number  of  members  present  nor  the  number 
of  votes  cast  by  which  the  motion  was  carried. 

According  to  a  well  established  principle  of  law,  the  records  of  any  public 
or  private  corporation  must  be  considered  regular,  and  can  not  be  set  aside 
by  parol  evidence,  except  under  an  allegation  of  fraud.  Based  upon  the  evi- 
dence of  the  transcript,  the  whole  transaction  was  carried  on  in  conformity 
with  law,  and  we  can  see  no  reason  to  interfere  with  the  action  of  the  board. 
If  we  admitted  the  testimony  of  M.  E.  Axtel,  showing  that  only  six  members 
of  a  board  of  ten  were  present,  and  that  four  of  these  six  voted  for  the  trans- 
fer, we  would  still  hold  that  said  transfer  was  legally  made.  The  action 
of  the  board  was  not  a  change  of  boundaries  of  subdistricts,  but  a  transfer 
under  section  1798.  The  territory  transferred,  being  part  of  the  districts 
organized  before  the  law  of  1858  took  effect,  could  be  transferred  by  con- 
current action  of  the  boards  to  the  district  to  which  it  geographically  be- 
longs, and  the  limitation  of  section  1738,  requiring  a  majority  of  the  board 
to  change  subdistrict  boundaries,  is  not  applicable  to  this  case. 

The  appeal  is  brought  from  the  action  of  the  board  which  concurred,  and 
is  therefore  taken  in  a  proper  manner.  For  the  reasons  set  forth,  the  action 
of  the  board  is  sustained  and  the  decision  of  the  superintendent  is 

REVERSED. 
C.  W.  VON  COELLN, 

May  28,  1879.  Superintendent  of  Public  Instruction. 


L.  B.  COLBURN  et  al.  v.  DISTRICT  TOWNSHIP  OF  SILVER  LAKE. 
Appeal  from  Palo  Alto  County. 

EVIDENCE.  To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive 
testimony  must  be  introduced,  and  the  evidence  must  be  conclusive. 

COUNTY  SUPERINTENDENT.  A  county  superintendent  should  not  ask  the  state 
superintendent  to  decide  a  case  on  appeal  for  him,  but  may  ask  for  an  inter- 
pretation of  law,  either  by  the  state  superintendent,  or  through  him,  by  the 
attorney-general. 

On  the  twenty-fifth  day  of  August,  1879,  the  board  fixed  the  location  of 
a  schoolhouse  on  the  old  site.  From  this  order  L.  B.  Colburn  and  others 
appealed  to  the  county  superintendent,  who  affirmed  the  action  of  the  board, 
and  from  this  decision  the  same  parties  appeal. 

Among  the  errors  enumerated,  the  appellants  urge  that  the  county  su- 
perintendent erred  in  holding  that  the  board  was  not  actuated  by  passion 
or  prejudice.  We  fail  to  find  any  evidence  establishing  the  existence  of 
such  malice  or  prejudice  on  the  part  of  the  board.  Appellants  also  claim 
that  the  county  superintendent  erred  in  basing  his  decision  on  the  verbal 
opinion  of  the  state  superintendent,  given  prior  to  the  hearing  of  the 

case. 

This   affords   an   opportunity   of     censuring     a     practice    quite     common 

among  county  superintendents  to  ask  the  superintendent  of  public  instruc- 
tion for  his  opinion  in  an  appeal  which  is  pending.  We  have  made  it  a 
universal  practice  to  refuse  answers  upon  the  questions  involved  in  the 
particular  case,  and  have  given  only  general  principles  which  should 


SCHOOL  LAW  DECISIONS  33 

govern  county  superintendents  in  determining  eases  of  appeal.  These 
general  principles  are  so  well  established  that  an  intelligent  county  super- 
intendent ouglit  to  be  familiar  with  them. 

We  advised  the  county  superintendent  in  this  case  not  to  measure  the 
respective  dietances  of  the  diiierent  locations  from  the  geographical  center, 
before  the  trial  of  the  appeal. 

It  is  proper  for  the  cornty  superintendent  to  ascertain  the  interpreta- 
tion of  points  of  law,  by  securing  an  opinion  from  this  department,  or 
from  the  attorney-general  through  this  department. 

Without  fully  determining  the  merits  of  the  respective  locations,  we 
must  hold  that  the  board  did  not  abuse  its  discretion  sufficiently  to  war- 
rant interference.  The  appellants  failing  to  prove  malice  or  prejudice  on 
the  part  of  the  board,  its  order  should  stand,  and  the  decision  of  the 
county  superintendent  affirming  its  action  is  AFFIRMED. 

C.  W.  VON  COELLN, 

March  30,  1SSO.  Superintendent  of  Public  Instruction. 


WM.  BABTLETT  v.  DISTRICT  TOWNSHIP  OF  SPENCER. 

Appeal  from.  Clay  County. 

APPEAL.     May  be  taken  by  any  resident  aggrieved  by  an  action  of  the  board. 
BOUNDARIES.     Must  conform  to  congressional  divisions  of  land. 
SCHOOLHOUSE  SITE.     Proper  location  of,  depends  upon  form  of  subdistrict. 
TERRITORY.    All  territory  must  be  included  within  some  school  district. 

On  the  twenty-second  day  of  October,  1881,  the  board  adopted  the  re- 
port of  a  committee  locating  a  site  for  a  schoolhouse  in  subdistrict  number 
nine  on  the  southeast  corner  of  the  southeast  quarter  of  section  twenty-one. 
From  its  order,  William  Bartlett  appealed  to  the  county  superintendent, 
who  reversed  the  action  of  the  board  and  located  the  site  on  the  north- 
west corner  of  the  northeast  quarter  of  the  southeast  quarter  of  section 
twenty-one.  C.  F.  Archer  appeals. 

The  counsel  for  the  appellants  files  a  motion  to  dismiss  the  appeal  on 
the  ground  that  persons  not  parties  to  a  hearing  below  are  debarred  from 
appealing  to  the  superintendent  of  public  instruction.  It  has  been  re- 
peatedly held  that  any  person  aggrieved  may  prosecute  an  appeal  from 
the  decision  of  the  county  superintendent,  unless  the  right  of  appeal  has 
been  waived  by  previous  agreement. 

The  subdistrict  in  which  the  location  was  made  was  formed  by  action 
of  the  board  at  the  regular  meeting  in  last  September.  The  boundaries 
fixed  by  the  board  at  that  time,  as  shown  by  the  plats  in  evidence,  are 
the  Little  Sioux  River  and  Prairie  creek  on  the  north,  east  and  south,  and 
the  half  section  line  running  north  and  south  through  sections  eighteen, 
nineteen,  thirty  and  thirty-one,  as  the  western  boundary. 

It  is  shown  by  the  plat  that  the  half  mile  strip  on  the  western  side  of 
the  subdistrict  is  supposed  not  to  belong  to  subdistrict  number  nine,  and 
it  is  stated  by  the  county  superintendent  that  this  territory  is  supposed 
3 


34  SCHOOL  LAW  DECISIONS 

to  be  temporarily  attached  to  the  adjoining  township  for  school  purposes. 
We  are  compelled  to  notice  this  irregularity  of  boundaries,  since  the  pro- 
per location  of  any  schoolhouse  obviously  depends  largely  upon  the  form 
and  extent  of  the  territory  for  which  the  house  is  designed.  Section  1796, 
providing  for  the  creation  of  subdistricts,  and  for  subsequent  alterations  in 
their  boundaries,  contains  the  following:  "Provided  that  the  boundaries 
of  subdistricts  shall  conform  to  the  lines  of  congressional  divisions  of 
land."  When  government  lines  follow  large  streams  or  other  bodies  of 
water,  a  division  is  sometimes  formed  containing  less  than  forty  acres; 
but  unless  such  exception  applies,  the  smallest  congressional  division  is 
the  one-sixteenth  of  a  section,  or  forty  acres  in  a  square  form.  In  fixing 
the  boundaries  of  subdistricts  no  smaller  subdivision  can  be  made,  and 
a  forty-acre  tract  must  be  included  in  the  subdistrict  or  excluded  as  a 
whole. 

The  only  provision  of  law  by  which  the  half  mile  strip  could  be  at- 
tached to  the  adjoining  district  township  is  found  in  section  1797.  The 
transfer  can  be  made  only  when  natural  obstacles  intervene.  It  is  ap- 
parent from  the  plats  in  evidence  that  no  large  unbridged  stream,  or  any 
other  natural  obstacle  exists.  Hence  we  must  conclude  that  it  is  the  duty 
of  the  board  of  directors  of  the  district  township  of  Spencer  to  provide 
that  the  strip  in  question  shall  be  a  part  of  some  subdistrict.  It  seems 
probable  that  a  portion  of  the  territory  referred  to  will  naturally  fall  to 
subdistrict  number  nine.  The  county  superintendent  appears  to  have  pre- 
sumed that  the  subdistrict  would  ultimately  include  all  the  territory  to 
the  township  line.  That  the  territory  does  belong  to  the  district  township 
of  Spencer,  unless  it  has  been  attached  to  the  adjoining  township,  in  ac- 
cordance with  section  1797,  there  can  be  no  question.  Such  being  the 
facts  in  this  case,  and  the  evidence  disclosing  that  the  board  did  not  ex- 
ercise that  care  in  selecting  a  site  which  is  desirable  when  so  many  inter- 
ests are  involved,  we  are  disposed  to  remand  the  case  to  the  board,  with 
the  suggestion  that  it  adjust  the  boundaries  of  the  subdistrict,  and  deter- 
mine upon  some  other  site  than  the  one  chosen  by  it,  with  the  intention  to 
furnish  the  best  accommodation  to  all  parties  REVERSED  AND  REMANDED. 

J.  W.  AKERS, 

February  15,  1882.  Superintendent  of  Public  Instruction 


J.  D.  HANDEESHELDT  v.  DISTRICT  TOWNSHIP  OF  DBS  MOINES. 
Appeal  from  Jefferson  County. 

DISCRETIONARY  ACTS.    Abuse  of  discretion  is  not  established  by  testimony  show- 
ing that  a  different  action  would  have  been  preferred  by  the  electors. 

DISTRICT    ORGANIZATION.      The    county    superintendent   has    no    Jurisdiction    to 
determine  the  validity  of  district  organization. 

TESTIMONY.    To  be  legal  must  be  given  under  oath. 

BOUNDARIES.    Of  subdistricts,  changed  between  September  and  March. 

MAJORITY  VOTE.    Of  whole  board  required  to  change  subdistrict  boundaries. 

A  petition  was  presented  to  the  board  asking  that  certain  territory  in 
Des  Moines  township  be  set  aside  to  form,  in  connection  with  territory  to 


SCHOOL  LAW  DECISIONS  35 

be  obtained  from  the  independent  district  of  Liberty,  number  eight,  a  new 
subdistrict  to  be  known  as  subdistrict  number  nine,  Des  Moines  township. 
The  board  acted  on  this  petition  and  made  the  following  order:  "In  the 
matter  of  the  petition  of  J.  D.  Handersheldt  and  Silas  Pearson,  asking 
for  the  formation  of  a  new  subdistrict  to  be  known  as  number  nine,  in 
the  district  township  of  Des  Moines,  all  the  territory  within  the  boundary 
lines  therein  described,  is  hereby  granted,  provided  sufficient  territory  be 
granted  by  the  independent  school  district  of  Liberty,  "number  eight,  to 
make  a  suitable  and  convenient  subdistrict  as  to  the  amount  of  territory 
and  the  number  of  children  of  school  age;  and,  provided,  that  in  case  the 
territory  is  not  granted  by  said  independent  district  of  Liberty  number 
eight,  then  said  territory  hereby  granted  shall  remain  and  be  a  part  of 
subdistrict  number  five,  of  the  district  township  of  Des  Moines." 

On  the  twenty-eighth  day  of  April,  1882,  the  board  of  the  district  town- 
ship of  Des  Moines,  at  a  special  meeting,  adopted  the  following  resolution: 
"It  is  hereby  ordered  that  all  action  heretofore  taken  by  the  board  of  the 
district  township  of  Des  Moines,  in  the  formation  and  organization  of 
subdistrict  number  nine,  in  the  above  named  township,  is  hereby  re- 
scinded." From  this  action  of  the  board,  J.  D.  Handersheldt  appealed  to 
the  county  superintendent,  who  upon  hearing  the  case  on  appeal  rendered 
the  following  decision:  "A  resolution  passed  rescinding  an  action  which 
has  not  yet  taken  effect,  is  legal,  but  so  far  as  it  concerns  formation 
and  organization  which  is  already  completed,  it  is  illegal."  From  this 
action  or  decision  of  the  county  superintendent,  J.  D.  Handersheldt  ap' 
peals. 

It  appears  from  the  transcript  of  the  county  superintendent  that  the 
witnesses  were  not  sworn.  A  failure  to  take  testimony  under  oath  ta 
fatal  to  the  case,  even  though  from  its  nature  it  came  properly  before  the 
superintendent  on  appeal. 

A  brief  examination  will  be  sufficient,  we  think,  to  show  that  this  action 
should  have  been  dismissed  by  the  county  superintendent  for  want  of  ju- 
risdiction, since  no  appeal  will  lie  when  the  validity  of  the  district  organization 
is  involved. 

This  appeal  was  taken  from  the  action  of  the  board  to  the  superintend- 
ent, for  the  purpose  of  determining  whether  or  not  the  board  erred  in 
rescinding  its  former  action  creating  subdistrict  number  nine.  There  was 
very  little  evidence  bearing  on  this,  the  sole  issue  in  the  case.  Witnesses 
simply  stated  that  they  were  or  were  not  in  favor  of  subdistrict  number 
nine. 

Such  testimony  can  have  no  bearing  in  an  action  to  establish  error  on 
the  part  of  the  board.  Appellants  set  forth  in  their  affidavit  that  the 
county  superintendent  erred,  in  that  he  refused  to  admit  testimony  to 
show  that  there  never  had  been  any  legal  organization  of  subdistrict  num- 
ber nine.  We  think  such  evidence  was  properly  excluded,  and  yet  it  is 
necessary,  to  enable  any  tribunal  to  arrive  at  a  decision  of  the  case;  for 
if  the  district  was  organized  according  to  law,  then  the  board  committed 
error  in  making  an  order  which  operated  to  discontinue  it,  and  hence  to 
change  boundaries  of  subdistricts  at  a  time  of  year  in  which,  according  to 
cur  holding,  it  can  not  De  done.  Upon  the  presumption  that  the  district 
was  legally  organized,  it  committed  error  by  making  a  change  of  subdis- 
trict boundaries  without  a  majority  of  the  whole  board, 


36  SCHOOL  LAW  DECISIONS 

It  must  therefore  be  determined  whether  the  conditions  upon  which  the 
hoard  of  Des  Moines  township  granted  the  territory,  were  fulfilled,  or,  in 
other  words,  it  must  be  known  whether  or  not  the  independent  district 
number  eight,  of  Liberty,  concurred  in  the  transfer  of  the  territory.  But 
neither  the  county  superintendent  nor  this  department  is  competent  to 
determine  the  legality  of  a  district  organization,  and  it  is  therefore  im- 
possible for  us  to  decide  whether  or  not  the  board  committed  error. 

The  remedy  is  an  application  to  a  court  of  law  for  mandamus  to  compel 
the  board  to  recognize  the  subdirector  of  subdistrict  number  nine,  as  a 
school  officer  and  member  of  the  board  of  the  district  township  of  Des 
Moines.  Were  the  issues  involved  within  our  jurisdiction,  we  would  not 
hesitate  to  consider  them,  but  as  no  question  of  such  nature  is  connected 
with  the  case  it  is  DISMISSED. 

J.  W.  AKERS, 

November  2,  1882.  Superintendent  of  Public  Instruction. 


APPLETON  PARK  v.  INDENPENDENT  DISTRICT  OF  PLEASANT  GROVE. 
Appeal  from  Des  Moines  County. 

RECORDS.     The  official  record  is  its  own  best  evidence.     Testimony  intended  to 
contradict  the  record  should  not  be  admitted. 

RECORDS.     Records  not  made  and  certified  to  by  the  proper  officers  as  required 
by  law  are  defective  and  may  be  impeached  by  collateral  evidence. 

TEACHER.     The  law  provides  that  a  teacher  shall  have  a  fair  and   impartial 
trial,  with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers. 

CHARGES.     Must  be  clearly  sustained  by  the  evidence. 

Appleton  Park  was  duly  engaged  and  contracted  with.  He  began  teach- 
ing on  the  fourth  day  of  September,  1882;  after  some  ten  or  eleven  days 
had  expired,  during  which  time  he  had  taught  the  school,  he  was  waited 
upon  by  the  entire  board,  called  to  the  door  and  informed  that  certain 
rumors  were  being  circulated,  to  the  effect  that  he  had  been  guilty  of 
using  obscene  and  vulgar  language  in  the  presence  of  his  pupils,  and  dur- 
ing regular  school  hours.  The  board  called  at  the  schoolhouse  again 
about  the  hour  for  closing  the  school  in  the  afternoon,  and  the  school  hav- 
ing been  dismissed,  it  proceeded  to  examine  three  of  the  boys  as  to  the 
truth  of  the  charges  above  referred  to.  The  result  of  this  action  was  that 
the  teacher  left  the  school  and  the  board  employed  another  teacher.  Mr. 
Park  appealed  to  the  county  superintendent,  who  reversed  the  action  of 
the  board,  whereupon  D.  L.  Portlock,  president  of  the  board,  appeals. 

The  principal  difficulty  presented  in  this  case  seems  to  be  to  determine 
Just  what  that  action  or  order  of  the  board  was  from  which  the  appeal 
vas  taken.  The  transcript  filed  by  the  secretary  of  the  board,  is  as  fol- 
lows:- "Complaint  being  made  by  some  of  the  scholars  to  the  school 
board,  in  regard  to  the  teacher,  Appleton  Park,  using  indecent,  rough  and 
insulting  language  during  school  time,  the  board  met  at  the  schoolhouse 
to  make  an  investigation.  The  board  stated  the  above  charges  to  the 
teacher,  Appleton  Park,  who  after  reflecting  upon  the  matter,  proposed  his 


SCHOOL  LAW  DECISIONS  87 

resignation  to  the  board.  The  board,  after  due  consideration,  accepted 
the  same.  The  question  being  settled  in  the  above  way,  and  no  other 
business  before  the  board,  the  board  then  adjourned." 

The  parol  evidence  of  Appleton  Park  was  admitted  to  offset  and  im- 
peach the  record.  This  was  clearly  in  violation  of  well  established  law, 
if  the  record  was  really  what  it  purported  to  be,  a  true  and  authenticated 
copy  of  the  proceedings  of  the  meeting  of  the  board  referred  to. 

Starkie  on  Evidence,  says:  "Where  written  instruments  are  appointed, 
either  by  the  immediate  authority  of  law,  or  by  the  compact  of  the  parties, 
to  be  the  permanent  repositories  and  testimony  of  truth,  it  is  a  matter 
both  of  principle  and  of  policy,  to  exclude  any  inferior  evidence  from  be- 
ing used,  either  as  a  substitute  for  such  instruments,  or  to  contradict  or 
alter  them;  of  principle,  because  such  instruments  are  in  their  own  nature 
and  origin  entitled  to  a  much  higher  degree  of  credit  than  that  which 
appertains  to  parol  evidence;  of  policy,  because  it  would  be  attended  with 
great  mischief  and  inconvenience  if  those  instruments  upon  which  men's 
rights  depend  were  liable  to  be  impeached  and  controverted  by  loose  col- 
lateral evidence."  Starkie,  part  IV.  p.  995,  Vol.  Ill,  3d  Amer.  Ed. 

The  fact  that  the  transcript  referred  to  is  not  certified  to  by  the  secre- 
tary, and  the  further  fact  that  he  was  not  present  at  the  board  meeting 
in  question,  and  wrote  the  minutes  as  dictated  from  memory  by  the  presi- 
dent of  the  board,  three  days  after  the  meeting,  fully  justified  the  super- 
intendent in  ruling  it  out  and  in  admitting  parol  evidence. 

We  come  now  to  consider  whether  the  trial  before  the  board  was  such 
a  proceeding  as  is  required  by  section  1734.  The  board  called  in  the  morn- 
ing and  informed  the  teacher  of  the  charges  preferred  against  him,  where- 
upon he  offered  to  resign.  It  instructed  him  to  proceed  with  his  school 
and  stated  that  it  would  return  in  the  evening.  During  the  day  the  board 
worked  up  its  case  against  the  teacher,  while  he  was  so  employed  as  to  pre- 
vent him  from  giving  thought  or  attention  to  the  charges,  or  to  the  pre- 
paration of  any  adequate  defense. 

.  We  must  sustain  the  superintendent  in  finding  that  the  trial  and  op- 
portunity to  defend  was  not  what  the  law  intends  every  teacher  shall 
have.  Every  teacher  is  entitled  to  the  sympathy  and  support  of  the  school 
board,  and  where  there  is  any  reasonable  doubt  as  to  the  truth  of  stories 
circulated  by  school  children,  the  teacher  should  have  the  benefit  of  such 
doubt.  We  believe  that  had  the  board  been  in  sympathy  with  the  teacher 
in  this  instance,  it  would  have  decided  that  the  charges  were  not  sustained 
by  the  evidence,  at  least  by  any  evidence  which  appears  of  record.  That 
the  teacher  offered  to  resign  in  the  evening  does  not  appear  from  the 
evidence  offered  in  behalf  of  the  board,  while  it  does  appear  that  at  least 
one  member  of  the  board  told  him  "he  had  better  quit." 

We  are  compelled  to  hold  that  the  teacher  was  dismissed,  and  that  in 
doing  so  for  no  sufficient  reason  the  board  erred  and  the  decision  of  the 
county  superintendent  is  therefore  AFFIBMED. 

*  J.  W.  AKERS, 

February  16,  1883.  Superintendent  of  Public  Instruction. 


*Note— Our  supreme  court  rendered  a  decision  regarding  the  measure  of  dam- 
ages resulting  from  the  wrongful  discharge  of  this  teacher.  The  opinion  is  found 
in  65  Iowa,  209. 


38  SCHOOL  LAW  DECISIONS 

J.  B.  B.  BAKER  v.  INDEPENDENT  DISTBICT  OF  WAUKON. 
Appeal  from  Allamakee  County. 

RULES   AND  REGULATIONS.     In   establishing  and   enforcing   regulations   for  the 
government  of  scholars  the  board  has  a  large  discretion. 

On  the  seventh  day  of  June,  1886,  Maud  Baker  was  suspended  for  re- 
peated violation  of  a  rule  of  the  board,  known  as  rule  five,  which  reads 
as  follows:  "Any  scholar  who  shall  be  absent  five  half-days  in  four  con- 
secutive weeks,  without  any  excuse  from  parent  or  guardian  satisfactory 
to  the  teacher  that  the  absence  was  caused  by  said  pupil's  sickness,  or  by 
sickness  in  the  family,  or,  in  the  primary  grades,  by  severity  of  the 
weather,  shall  forthwith  be  suspended.  No  pupil  so  suspended  shall  be 
reinstated  without  a  permit  from  the  principal." 

Rule  twelve  provides  that  the  principal  of  the  school  may  suspend  pu- 
pils temporarily,  and  that  he  shall  immediately  notify  the  parent  or  guard- 
ian of  a  suspended  child  of  such  suspension,  the  notice  to  be  in  writing, 
and  furthermore,  that  he  shall  immediately  inform  the  board  of  his  action. 

Maud  Baker  was  absent  without  excuse,  and  when  called  to  account  for 
her  absence  stated  that  she  had  gone  on  a  fishing  excursion,  and  expected 
to  go  the  week  following.  Having  failed  to  render  a  satisfactory  excuse, 
she  was  suspended,  as  above  stated.  Notice  in  writing  was  sent  to  parent,  as 
required  by  rule  five,  and  the  board  informed  of  the  suspension.  The  board 
approved  the  action  of  the  principal.  J.  B.  B.  Baker  appealed  to  the  county 
superintendent,  who  reversed  the  action  of  the  board.  D.  W.  Reed  appeals. 

The  facts  in  this  case  are  not  controverted.  It  appears  in  evidence 
that  the  suspension  of  Maud  Baker  was  reported  to  the  board,  and  that  a 
special  meeting  of  the  board  was  held  for  the  consideration  of  the  act  of 
the  principal.  Maud  Baker  was  present  at  this  meeting  of  the  board, 
and  the  president  testifies  that  he  read  to  her  the  rule  under  which  she 
had  been  suspended,  and  asked  her  to  give  the  board  some  promise  of 
amendment  in  the  future,  as  a  condition  of  reinstatement  and  she  replied 
that  she  would  not  make  any  promise  for  the  future,  and  expected  to  go 
fishing  the  following  week. 

The  county  superintendent  finds  that  the  suspension  was  made  in  com- 
pliance with  the  rules  of  the  board  for  the  government  and  regulation 
of  the  schools,  and  that  the  act  of  the  principal  in  suspending,  and  of  the 
board  in  approving  his  action,  was  without  prejudice  or  malice.  The 
board  was  reversed  on  the  ground  that  the  law  does  not  confer  upon  the 
principal,  or  the  board,  power  to  suspend  for  the  cause  for  which  Maud 
Baker  was  suspended. 

The  case  turns,  therefore,  upon  the  power  of  the  board  to  establish 
and  enforce  a  rule  providing  for  the  suspension  of  pupils,  who  are  absent 
a  given  number  of  days,  or  half-days,  without  a  satisfactory  excuse.  The 
point  has  been  fully  discussed  and  settled  by  our  supreme  court  in  the 
case  of  Burdick  v.  Babcock,  31  Iowa,  562,  and  need  not  be  considered  here. 
Murphy  v.  Independent  District  of  Marengo  has  been  cited,  but  does  not  apply, 
as  in  that  case  it  is  stated  that  the  offense  for  which  the  pupil  was  dismissed 
was  not  in  violation  of  any  rule  or  regulation. 


SCHOOL  LAW  DECISIONS  39 

We  are  compelled  to  overrule  the  decision  of  the  county  superintendent,  and 
to  sustain  the  action  of  the  board.  REVERSED. 

J.  W.  AKBRS, 
October  23,  1886.  Superintendent  of  Public  Instruction. 


N.  R.  JOHNSTON  v.  DISTRICT  TOWNSHIP  OF  UTICA. 
Appeal  from  Chickasaw  County. 

MANDAMUS.     To  compel  the  performance  of  an  official  duty,  appeal  sometimes 
consumes  valuable  time.    Mandamus  is  often  a  more  speedy  and  better  remedy. 

DISCRETIONARY  ACTS.     Action  by  the  board  unduly  delaying  the  final  considera- 
tion of  an  important  matter,  may  be  regarded  as  an  evidence  of  prejudice. 

The  issues  involved  in  this  case  were  the  formation  of  a  new  subdistrict  to 
be  known  as  number  twelve,  and  the  providing  for  a  school  during  the  winter 
of  1887-8,  pending  the  election  of  subdirector  for  the  new  subdistrict.  The 
case  came  in  due  order  to  the  county  superintendent  on  appeal,  and  from 
his  decision  the  board  appeals. 

At  its  meeting  on  the  nineteenth  of  September,  1887,  the  board  had 
before  it  a  petition  signed  by  Caleb  Boylan  and  others,  to  redistrict  num- 
ber two,  and  to  form  a  new  subdistrict.  After  various  motions  it  was 
voted  to  adjourn  to  the  second  Saturday  in  February,  1888,  to  consider 
said  petition.  Appeal  was  taken  to  the  county  superintendent. 

At  the  trial  before  that  officer,  October  27,  1887,  and  adjourned  to 
October  31st,  a  motion  was  made  to  dismiss  the  case,  on  the  ground  that 
the  matter  was  still  pending  before  the  board,  as  no  final  action  had  been 
taken  by  that  body.  The  motion  to  dismiss  was  overruled,  and  the  county 
superintendent  proceeded  to  hear  the  case.  Did  the  county  superintendent 
commit  an  error?  We  think  not. 

Without  impunging  in  any  way  the  motives  of  the  board,  its  action 
In  adjourning  to  a  date  as  late  as  the  second  Saturday  in  February,  was 
calculated  to  delay  and  defeat  the  prayer  of  the  petitioners.  The  ag- 
grieved parties  had  an  undoubted  right  to  appeal,  but  we  regret  that  they 
did  not  avail  themselves  of  the  more  speedy  remedy  of  resorting  to  th« 
courts.  A  writ  of  mandamus  would  undoubtedly  issue  in  such  a  case,  com- 
pelling the  board  to  perform  its  enjoined  duty. 

A  motion  to  dismiss  on  the  ground  that  there  was  no  evidence  to  show 
that  the  board  acted  with  passion,  prejudice,  or  injustice,  was  also  very 
properly  overruled.  The  action  of  the  board  delaying  the  whole  matter 
until  the  second  Saturday  of  February,  1888,  was  in  our  opinion  an  act  of 
manifest  injustice,  which  the  superintendent  very  properly  took  into  account 
in  making  his  decision. 

The  county  superintendent  reversed  the  action  of  the  township  board 
and  ordered  the  new  subdistrict,  number  twelve,  to  be  formed,  with  an 
extra  school  for  the  winter  of  1887-8,  in  accordance  with  the  prayer  of  the 
petitioners.  Ought  his  decision  to  be  sustained? 

A  careful  review  of  the  evidence  in  the  case,  including  the  plat  "exhibit 
A,"  shows  that  the  township  of  Utica  is  divided  into  eleven  subdistricts, 
some  of  them  very  large  and  irregular  in  shape.  A  better  division  than  that 


40  SCHOOL  LAW  DECISIONS 

proposed  by  the  formation  of  the  new  subdistrict,  number  twelve,  can 
possibly  be  made.  The  county  superintendent,  however,  provides  for  this, 
as  his  decision  does  not  prevent  any  changing  of  the  boundaries  of  sub- 
district  lines,  if  necessary  to  faciliate  the  school  privileges  of  the  town- 
ship. 

A  new  subdistrict  is  needed  to  furnish  reasonable  school  facilities  for 
the  children  in  that  neighborhood,  and  so  far  as  ordering  the  new  sub- 
district,  to  be  known  as  number  twelve,  is  concerned,  the  decision  of  the 
county  superintendent  is  AFFIBMED. 

HENRY  SABIN, 

March  15,  1888.  Superintendent  of  Public  Instruction. 


JACOE  DECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  EDEN. 
Appeal  from,  Decatur  County. 

SUBDISTRICT  BOUNDARIES.  A  case  involving  a  change  of  subdistrict  boundaries, 
having  been  adjudicated  by  the  county  superintendent  reversing  the  action  of 
the  board,  and  being  affirmed  by  the  superintendent  of  public  instruction, 
can  not  again  be  brought  upon  appeal,  unless  it  can  be  shown  that  some  change 
materially  affecting  the  conditions  of  the  case  has  taken  place  since  the  date 
of  the  former  decision. 

SUBDISTRICT  BOUNDARIES.  In  changing  subdistrict  boundaries,  both  the  present 
and  the  future  welfare  of  the  district  township  should  be  considered. 

SUBDISTRICT  BOUNDARIES.  A  subdistrict  long  established,  embracing  a  territory 
having  a  sufficient  number  of  scholars  to  maintain  a  good  school,  should  not  be 
abolished,  unless  the  general  school  facilities  of  the  township  will  be  improved 
thereby. 

On  the  nineteenth  day  of  September,  1887,  the  board  voted  to  abolish 
subdistrict  number  eight.  Jacob  Deck  and  others  appealed  to  the  county 
superintendent,  who  on  the  fifth  day  of  December  rendered  a  decision  re- 
versing the  action  of  the  township  board,  and  the  board  appeals. 

The  council  for  the  directors  urged  in  their  written  argument  that  the 
county  superintendent  should  be  required  to  send  up  to  this  department  all 
the  testimony  taken  in  the  trial  before  her.  It  was  certainly  the  duty  of 
the  county  superintendent  to  send  up  all  the  testimony  upon  which  she 
based  her  decision.  In  the  absence  of  any  proof  to  the  contrary,  the  pre- 
sumption is  that  the  transcript  furnished  by  her  contains  all  the  testi- 
mony on  file  in  her  office.  There  is  no  proof  offered  that  she  has  not  com- 
plied with  the  law  in  all  respects. 

On  the  twenty-sixth  day  of  December,  1885,  the  county  superintendent 
rendered  a  decision  reversing  the  action  of  the  board  in  abolishing  sub- 
district  number  eight.  As  no  material  changes  have  taken  place  since 
then,  in  the  condition  of  the  township,  does  that  former  decision  act  as  a 
bar  to  any  further  proceedings  in  this  case?  We  think  not. 

The  principle  enunciated  here  is  undoubtedly  correct.  A  case  involving 
a  change  of  subdistrict  boundaries,  having  been  adjudicated  by  the  county 
superintendent  reversing  the  action  of  the  board,  and  being  affirmed  by 
the  superintendent  of  public  instruction  can  not  again  be  brought  upon 


SCHOOL  LAW  DECISIONS  41 

appeal,  unless  it  can  be  shown  that  some  change  materially  affecting  the 
conditions  of  the  case  has  taken  place  since  the  date  of  the  former  decis- 
ion. In  this  case,  however,  the  decision  of  the  county  superintendent 
can  not  act  as  a  bar  to  further  proceedings,  because  the  district  board 
did  not  take  an  appeal.  Such  proceedings  can  not  be  considered  as  final 
in  such  a  sense  until  they  have  been  affirmed  by  the  superintendent  of 
public  instruction. 

It  is  urged  that  the  county  superintendent  erred  in  taking  into  consid- 
eration the  distance  which  many  of  the  pupils  must  travel  in  order  to  reach 
their  school,  if  the  action  of  the  township  board,  abolishing  subdistrict 
number  eight,  is  affirmed.  The  law  does  not  contemplate  that  one  and  one- 
half  miles  is  in  all  cases  an  unreasonable  distance.  It  depends  largely 
upon  the  age  of  the  pupil  and  upon  the  condition  of  the  roads.  In  the  case 
before  us  a  natural  obstacle,  the  Little  Turkey  river,  must  be  taken  into 
consideration.  The  opening  of  additional  roads  and  the  construction  of  a 
bridge  would  simplify  matters  somewhat,  but  no  steps  have  been  taken 
to  accomplish  this.  Until  this  is  done,  to  abolish  the  school  in  number 
eight  would  impose  an  undue  hardship  upon  a  large  number  of  pupils. 

What  are  the  conditions  of  the  school  as  at  present  constituted?  The 
report  of  the  secretary  put  in  evidence,  shows  that  the  school  in  number 
eight  will  average  with  other  subdistricts  in  the  number  of  pupils  enrolled; 
it  is  above  the  average  in  daily  attendance,  and  below  the  average  in  cost 
of  tuition.  The  board  fails  to  show  that  reduced  numbers  render  it  ex- 
pedient to  abolish  this  subdistrict,  nor  does  it  show  that  the  township  is 
excessively  taxed  to  support  its  schools. 

This  department  has  alreay  ruled  that  subdistrict  lines,  which  have 
been  long  established,  embracing  a  territory  having  a  sufficient  number  of 
pupils  to  maintain  a  good  school,  should  not  be  disturbed,  unless  it  can 
be  proved  that  the  general  school  facilities  of  the  township  will  be  im- 
proved by  the  change. 

The  board  does  not  show  that  there  is  any  general  benefit  to  be  ex- 
pected from  the  proposed  change  of  boundaries,  nor  does  it  prove  that  any 
existing  necessity  makes  it  desirable.  The  board  undoubtedly  intended  to 
act  fairly  toward  all,  but  we  think  it  failed  to  properly  consider  all  the 
circumstances  involved  in  its  action.  The  decision  of  the  county  superin- 
tendent is  therefore  AFFIBMED. 

HENRY  SABIN, 

March  16,  1888.  Superintendent  of  Public  Instruction. 


J.  S.  FOLSOM  et  al.  v.  DISTRICT  TOWNSHIP  OF  CENTEB. 

Appeal  from  Cedar  County. 
REHEARING.    To  warrant  a  rehearing,  some  valid  reason  must  be  urged. 

TESTIMONY.  Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted. 

SCHOOLHOUSE  SITE.  Every  dwelling-house  must  be  taken  into  account,  as  some- 
one entitled  to  school  advantages  may  hereafter  reside  there. 


42  SCHOOL  LAW  DECISIONS 

SCHOOLHOUSE  SITE.  When  it  is  the  evident  intention  of  the  board  to  relocate  the 
site  as  near  as  possible  in  the  center  of  the  subdistrict,  in  order  to  furnish  equal 
school  facilities  to  all  the  residents,  its  action  should  not  be  materially  interfered 
with. 

The  transcript  in  this  case  shows  that  on  the  twenty-first  day  of  March, 
1887,  at  a  meeting  of  the  board,  a  committee  was  appointed  to  investigate 
the  needs  of  subdistrict  number  two  and  report  at  the  meeting  in  Septem- 
ber. It  further  shows  that  on  the  nineteenth  day  of  September,  1887, 
such  committee  reported,  recommending  that  the  new  house  be  built  for 
said  subdistrict,  to  be  located  in  the  center  of  the  district.  The  report 
was  received  and  the  committee  discharged.  The  report  was  also  upon 
motion,  laid  upon  the  table. 

On  the  nineteenth  day  of  March,  1888,  at  a  meeting  of  the  directors, 
the  above  report  was  finally  adopted  and  a  building  committee  was  ap- 
pointed to  confer  with  the  county  superinendent  in  regard  to  plans  and 
specifications.  From  this  decision  of  the  board  Folsom  et  al.  appealed  to 
the  county  superintendent,  and  the  case  was  heard  at  Tipton  on  the  ninth 
day  of  April,  1888.  The  records  in  the  county  superintendent's  office 
show  that  the  appellee  consented  to  the  filing  of  an  amendment  to  the 
affidavit  by  appellant,  and  that  the  appellee  filed  a  motion  to  modify  the 
decision  of  the  board,  and  the  trial  then  proceeded.  On  the  eleventh  day 
of  April  the  county  superintendent  filed  a  decision  reversing  the  action  of 
the  board.  On  the  seventeenth  day  of  April,  1888,  a  motion  was  filed  for 
a  rehearing,  within  the  time  given  by  the  county  superintendent.  On  the 
nineteenth  day  of  April,  1888,  the  motion  for  a  rehearing  was  argued  be- 
fore the  county  superintendent  and  overruled.  From  the  decision  of  the 
county  superintendent  the  borrd  appealed  to  the  superintendent  of  public 
instruction,  and  the  whole  case  came  up  on  a  hearing  before  him  on  the 
fifth  day  of  June,  1888. 

The  first  question  to  be  decided  is:  Did  the  county  superintendent  err 
in  overruling  the  motion  for  a  rehearing?  A  rehearing  of  such  a  case  can 
be  granted  only  when  it  can  be  shown  that  some  injustice  has  been  done, 
or  some  mistake  has  been  made  which  can  be  corrected  by  a  new  trial;  or 
when  some  additional  evidence  has  been  discovered  which  is  in  favor  of 
the  party  applying,  but  which  could  not  have  been  presented  before  by 
reasonable  diligence.  The  affidavit  upon  which  the  motion  for  a  rehearing 
was  based  failed  to  show  any  such  reasons.  All  the  main  points  alleged 
therein  had  already  been  ruled  upon  by  the  county  superintendent,  and 
we  think  she  did  not  commit  any  error  in  pverruling  the  motion.  This 
also  disposes  of  all  the  testimony  sent  up  in  support  of  the  motion  for  a 
rehearing;  these  affidavits  will  not  be  taken  into  account  in  the  final  de- 
cision. ;  ]  ;  ]  :  |  rSgj£3 

It  is  not  necessary  here  to  determine  the  legal  residence  of  William 
Busier.  His  own  testimony  is  that  the  distance  from  his  residence  to  the 
site  selected  by  the  board  is  one  and  one-fourth  miles.  The  fact  that  Mrs. 
Morgan  does  not  desire  to  send  to  school  is  not  material.  It  is  not  the  in- 
dividual but  the  residence  that  is  to  be  considered.  Some  other  person 
living  at  the  same  place  may  hereafter  desire  school  privileges. 

We  are  now  free  to  approach  the  main  question  upon  which  issue  is 
joined.  The  testimony  shows  that  the  directors  desired  to  relocate  the 


SCHOOL  LAW  DECISIONS  43 

schoolhouse  in  subdistrict  number  two  in  a  more  central  location;  no  other 
reason  is  assigned  for  the  contemplated  removal.  There  is  nothing  to 
show  that  the  present  site  is  unsuitable,  except  that  it  does  not  well  ac- 
commodate the  pupils  from  the  northern  part  of  the  district.  In  this  de- 
termination to  relocate  the  site  near  the  center,  there  is  no  evidence  of  any 
abuse  of  discretion  on  the  part  of  the  board  and  we  think  this  action  should 
not  be  interfered  with. 

There,  is,  however,  evidence  which  shows  that  the  exact  acre  which  the 
committee  staked  out  is  not  a  desirable  site  for  a  building.  The  board  itself 
acknowledges  this  in  its  amended  order  by  which  the  site  is  removed  ten 
rods  north. 

The  county  superintendent,  in  her  decision,  locates  the  site  upon  a  piece 
of  ground  known  as  the  "grave-yard  site."  It  is  urged  that  the  county 
superintendent  has  only  appellate  jurisdiction,  and  must  therefore  confine 
her  decision  to  the  two  sites  upon  which  the  parties  joined  issue.  She 
seems  to  have  entertained  some  such  idea,  as  she  sustained  a  motion  to 
rule  out  all  testimony  in  regard  to  the  unsuitableness  of  the  grave-yard 
site  when  such  evidence  was  offered  in  the  original  trial.  We  think  that 
such  evidence  should  have  been  admitted. 

In  April,  1866,  the  Hon.  O.  Faville,  then  superintendent  of  public  in- 
struction, obtained  this  opinion  from  Hon.  P.  E.  Bissell,  then  attorney-gen- 
eral: "The  case  does  not  come  before  him  (the  county  superintendent) 
merely  to  correct  an  error  of  the  board  of  directors,  but  to  hear  and  decide 
the  same  matter  that  the  board  had  decided.  The  county  superintendent 
is  not  limited  to  an  affirmance  or  reversal  of  the  action  of  the  board,  but 
he  determines  the  same  question  that  the  board  determined."  See  also 
John  Clark  v.  District  Township  of  Wayne,  page  47,  School  Law  Decisions  of 
1876. 

To  this  opinion  the  decisions  of  this  department  have  always  conformed. 
The  county  superintendent,  therefore,  did  not  go  beyond  her  jurisdiction 
in  selecting  a  site  different  from  any  which  had  been  considered  by  the 
board. 

We  can  not  see,  however,  that  the  grave-yard  site  has  any  advantage 
over  the  old  site.  It  is  irregular  in  shape,  and  is  about  as  far  north  of  the 
center  of  the  subdistrict  as  the  present  site  is  south.  In  fact,  its  selection 
as  a  site  for  the  new  building  defeats  the  very  end  which  the  board  had 
In  view  in  its  action  locating  the  site  in  the  center  of  the  subdistrict. 

The  case  is  remanded  to  the  board  with  instructions  not  to  build  upon  the 
site  selected  by  the  committee,  but  to  select  the  best  site  possible  within  a  dis- 
tance not  more  than  forty  rods  from  the  center  of  the  site  staked  out  by  the 
committee;  the  south  corner  of  said  site,  however,  to  be  at  least  fifteen  rods 
north  of  the  south  corner  of  the  committee's  site;  said  site  also  to  contain  not 
less  than  an  acre,  and  to  be  as  nearly  square  in  form  as  the  circumstances  will 
admit.  The  decision  of  the  county  superintendent  is  REVERSED. 

HENRY  SABIN, 

June  7,  1888.  Superintendent  of  Public  Instruction. 

i 


44  SCHOOL  LAW   DECISIONS 

P.  O'CONNOR,  JR.,  v.  DISTRICT  TOWNSHIP  OF  BADGER. 
Appeal  from  Webster  County. 

JURISDICTION.  In  most  matters  with  which  boards  have  to  do  under  the  law, 
their  authority  and  responsibility  are  absolute,  and  their  jurisdiction  is  com- 
plete and  exclusive. 

JURISDICTION.  A  former  order  of  the  board,  or  a  decision  of  the  county  super- 
intendent on  appeal,  will  not  operate  to  prevent  the  board  from  exercising  its 
discretion  anew,  when  good  reasons  exist  for  such  action. 

REHEABING.    To  obtain  a  rehearing  the  necessity  must  be  clearly  shown. 

DISCRETIONARY  ACTS.  In  the  exercise  of  discretion,  the  benefit  of  every  reason- 
able doubt  must  be  given  in  favor  of  the  correctness  of  official  acts. 

APPEAL.  The  hearing  is  not  to  be  conducted  by  a  rigid  adherence  to  the  tech- 
nical forms  and  customs  which  prevail  in  the  courts. 

At  a  special  meeting  of  the  board  held  February  10,  1888,  it  was  voted  to 
remove  the  schoolhouse  in  subdistrict  number  seven,  forty  rods  north  from 
its  present  site.  P.  O'Connor,  Jr.,  appealed  to  the  county  superintendent, 
who  heard  the  case  on  the  twenty-third  day  of  April  and  affirmed  the  action 
of  the  board.  P.  O'Connor,  Jr.,  appeals. 

The  proceedings  in  this  case  are  regular  and  the  facts  admitted  by  both 
parties.  The  only  point  in  dispute  is  this:  On  the  tenth  day  of  November, 
1887,  the  county  superintendent  heard  the  same  case  and  rendered  his 
decision  reversing  the  action  of  the  board.  As  the  board  did  not  see  fit 
to  appeal,  and  as  no  material  changes  have  taken  place  in  the  subdistrict, 
it  is  claimed  that  the  decision  of  the  county  superintendent  rendered  No- 
vember 10,  1887,  must  be  considered  as  final,  and  that  no  further  proceed- 
ings can  be  had  in  the  case.  If  this  allegation  is  true,  then  the  county 
superintendent  committed  error  in  not  dismissing  the  case. 

Let  us  examine  it  a  moment,  that  we  may  arrive  at  the  intent  of  the  law. 
It  is  plain  that  the  law  reposes  great  confidence  in  the  discretionary  acts  of 
a  board  of  directors.  The  instructions  from  the  department  of  public  in- 
struction to  county  superintendents  have  always  been  that  such  discre- 
tionary acts  are  to  be  affirmed  unless  it  can  be  very  clearly  shown  that  the 
board  has  in  some  way  abused  its  powers;  if  there  is  a  doubt,  even,  the 
board  is  to  have  the  benefit  of  it.  It  has  become  a  well  established  principle 
that  the  conduct  of  the  schools  and  the  location  of  schoolhouses  should  be 
left  with  those  officers  who  have  the  closest  relation  to  the  people  for  whose 
benefit  the  schools  are  maintained.  With  this  principle  this  department  is 
not  willing  to  interfere. 

Is  it  right,  then,  that  in  this  present  case  because  the  county  superin- 
tendent reversed  the  board  in  November,  1887,  it  should  be  left  without 
further  remedy?  We  think  not.  After  its  former  action  was  reversed, 
the  board  had  its  choice  of  three  courses  of  action;  it  was  bound  to  take  the 
one  which  it  believed  to  be  for  the  best  interests  of  the  subdistrict. 

It  could  ask  for  a  rehearing,  but  to  obtain  that  it  must  be  able  to  show 
that  some  very  grave  mistake  had  been  made,  or  that  it  had  discovered  some 
additional  evidence  which  could  not  have  been  presented  before  by  using 
reasonable  diligence. 


SCHOOL  LAW  DECISIONS  45 

It  could  appeal  to  the  superintendent  of  public  instruction,  but  in  that 
event  it  must  base  its  case  wholly  upon  the  evidence  as  presented  before 
the  county  superintendent,  as  this  department  has  no  right  to  hear  addi- 
tional testimony. 

It  could  begin  the  case  de  novo,  amend  its  record  if  it  was  faulty,  supply 
omissions,  introduce  new  testimony,  and  perfect  its  proceedings  in  such 
ways  as  to  obtain  a  possible  different  decision  from  the  county  superintendend- 
ent,  or  so  as  to  make  a  stronger  case  before  the  superintendent  of  public 
instruction  if  either  party  found  it  necessary  to  appeal  to  him. 

In  this  case  the  board  chose  the  last  remedy,  and  we  think  it  was  wise 
in  doing  so,  as  the  most  ready  manner  of  obtaining  a  final  adjudication  of 
the  whole  matter. 

After  careful  study  of  the  authorities  cited  by  counsel,  we  can  only  reach 
this  conclusion.  If  the  aggrieved  party  fails  to  appeal  within  the  thirty 
days  allowed  by  the  law,  the  decision  of  the  county  superintendent  be- 
comes final  as  far  as  that  particular  case  is  concerned;  but  we  find  nothing 
in  the  law  to  warrant  the  conclusion  that  a  reversal  by  the  county  superin- 
tendent acts  as  a  bar  to  any  further  proceedings  because  the  district  board 
did  not  then  and  there  take  an  appeal  to  the  superintendent  of  public  In- 
struction. Such  a  conclusion  would  defeat  the  ends  aimed  at  by  the  law 
In  placing  the  management  of  the  schools  in  the  hands  of  the  school  officers 
as  chosen  by  the  people.  The  county  superintendent  and  the  superintend- 
ent of  public  instruction,  in  hearing  these  appeal  cases  have  the  jurisdic- 
tion, somewhat  of  a  court  of  equity  and  are  not  bound  by  a  rigid  adherence 
to  the  technical  forms  and  customs  which  prevail  in  the  courts  of  Jus- 
tice. 

In  reaching  this  conclusion  we  are  supported  by  the  case  of  Morgan  v.  Wilfley 
et  al.,  70  Iowa,  338.  "The  power  to  redistrict  and  change  subdistricts  is  con- 
ferred upon  the  board  by  the  statute,  and  action  in  that  direction,  for  suffi- 
cient cause,  can  not  be  considered  as  unauthorized."  The  power  to  change 
or  fix  the  schoolhouse  site  is  conferred  in  the'  same  manner.  Further: 
"The  board  of  directors  can  not  be  so  fettered  by  its  prior  action,  or  by  legal 
proceedings  that  it  may  not,  at  any  time,  for  sufficient  cause,  redistrict  the 
township,  as  in  its  best  judgment  may  be  demanded  by  the  interest  of  all 
the  children  of  the  district."  The  principle  here  enunciated  is  so  broad  that 
it  applies  to  all  the  actions  of  the  board,  and  it  is  not  necessary  to  dwell 
upon  it. 

In  regard  to  the  merits  of  the  case,  there  is  nothing  to  be  said.  There 
is  no  evidence  to  show  that  the  board  abused  its  authority,  and  consequently 
no  reason  for  setting  its  order  aside.  The  decision  of  the  superintendent  is 

AFFIRMED. 
HENRY  SABIN, 

July  9,  1888.  Superintendent  of  Public  Instruction. 


SAMUEL  WALKER  v.  J.  S.  CRAWFORD,  COUNTY  SUPERINTENDENT. 
Appeal  from  Cass  County. 

CERTIFICATE.    The  county  superintendent  is  his  own  judge  as  to  how  fully  he 
will  give  the  applicant  reasons  for  the  refusal  of  a  certificate. 


46 


SCHOOL  LAW  DECISIONS 


CERTIFICATE.  The  county  superintendent  is  charged  with  the  responsibility  of 
refusing  to  issue  a  certificate  to  any  person  unless  fully  satisfied  that  the  ap- 
plicant possesses  the  essential  qualifications  demanded  of  teachers  by  the  law. 

DISCRETIONARY  ACTS.    Unless  a  marked  violation  of  the  large  discretion  vested 
in  the  county  superintendent  is  proved  clearly  and  conclusively,  his  action  ii 
refusing  or  revoking  a  certificate  will  not  be  interfered  with  on  appeal. 

CERTIFICATE.  The  decision  of  a  county  superintendent  refusing  a  certificat 
will  not  be  interfered  with  on  appeal  unless  it  appears  that  he  acted  from  pas 
sion  or  prejudice. 

This  case  arises  from  the  refusal  of  J.   S.  Crawford,  county  superintend 
ent  of  Cass  county,  to  grant  a  certificate  to  Samuel  Walker  to  teach  in  the 
schools  of  said  county.     The  case  was  reheard  on  the  first  day  of  December, 
1888,  by  way  of  appeal,  the  superintendent  affirming  his  former  decisior 
Samuel  Walker  appeals. 

Section  1766  requires  the  county  superintendent  to  examine  each  cand 
date  desiring  to  teach  in  the  public  schools  of  the  county,  in  certai 
branches  enumerated  therein,  with  special  reference  to  his  competency  an 
ability  to  teach  the  same.  But  section  1767  still  further  directs  that  th 
county  superintendent  must  satisfy  himself  that  the  applicant  possesses 
good  moral  character  and  the  essential  qualifications  for  governing  and  in 
structing  children  and  youth.  Here,  then,  are  three  distinct  qualification 
to  be  investigated  and  determined  by  the  county  superintendent  before  h 
issues  the  certificate.  My  predecessor  very  pointedly  says  in  a  wrltte 
opinion  on  file  in  this  office:  "Under  the  law  the  county  superintenden 
must  be  satisfied  that  you  (the  candidate)  possess  all  the  qualification 
enumerated  by  law." 

In  this  case  it  is  not  claimed  that  the  appellant  is  deficient  in  th 
branches  usually  taught  in  the  public  schools.  Neither  is  it  charged  tha 
he  does  not  possess  a  good  moral  character.  The  only  point  in  question  i 
his  ability  to  instruct  and  govern  children  and  youth.  We  confess  that  thi 
is  an  exceedingly  difficult  point  to  determine  in  many  cases.  The  sures 
way  undoubtedly  is  to  visit  and  inspect  the  school,  but  we  think  the  count 
superintendent  took  the  next  best  way  when  he  drew  the  candidate  into 
conversation  and  allowed  him  to  express  himself  freely  and  without  re 
serve.  Certain  traits  of  character  most  essential  to  a  teacher  can  not  b 
ascertained  by  a  written  examination  alone. 

At  the  time  of  the  trial  on  appeal  the  county  superintendent  was  place 
on  the  stand  as  a  witness  for  the  appellant.  In  the  course  of  his  test: 
mony  he  made  this  statement:  "I  refused  Mr.  Walker  a  certificate  becaus 
I  thought,  and  still  think,  Mr.  Walker  did  not  have  judgment,  a  well  ba 
anced  mind,  and  common  sense,  to  teach  a  good  school."  It  is  not  the  dut 
of  the  superintendent  of  public  instruction  to  try  this  case  de  novo  in  order  1 
determine  the  correctness  of  this  conclusion.  We  are  not  called  upon  t 
pass  upon  the  fitness  or  unfitness  of  Mr.  Walker  to  teach  in  the  schools  ( 
Cass  county. 

Did  the  county  superintendent  err,  in  that  he  was  actuated  by  wror 
motives?  If  through  passion  or  prejudice  he  refused  Mr.  Walker  a  certi' 
cate  he  did  him  an  injustice,  and  his  decision  should  be  reversed.  The  exis 
ence  of  such  a  ruling  motive  would  show  itself  somewhere  in  the  e^ 


I 


SCHOOL  LAW  DECISIONS  47 

dence.  We  have  read  the  transcript  several  times  with  care,  and  we  fail 
to  find  any  disagreement  existing  between  the  parties  previous  to,  or  at  the 
time  the  appellant  was  first  examined,  or  that  Mr.  Crawford  has  spoken 
unkindly  of  Mr.  Walker  or  shown  a  disposition  to  injure  him  in  any  way. 
It  was  competent  for  the  appellant  to  show  clearly  at  the  trial  that  the 
county  superintendent  was  prejudiced  against  him  to  such  an  extent  as 
not  to  do  him  justice;  this  he  has  failed  to  do  by  any  reliable  testimony. 
The  weight  of  the  testimony  is  to  the  effect  that  the  county  superintendent 
was  endeavoring  to  do  his  duty  as  a  school  officer  and  in  this  the  superin- 
tendent of  public  instruction  must  sustain  him. 

The  counsel  for  the  appellant  claims  that  the  county  superintendent  erred 
in  not  informing  the  applicant  upon  what  grounds  he  refused  him  a  cer- 
tificate. The  testimony  of  Mr.  Frosi,  from  his  long  experience  in  the  office 
of  county  superintendent,  has  great  weight.  We  agree  with  him  that  it  is 
usually  better  to  inform  the  applicant  frankly  and  fully  why  the  certificate 
is  refused,  but  cases  may  arise  in  which  it  is  as  well  not  to  do  this.  The 
law  is  silent  upon  this  point,  the  county  superintendent  must  be  his  own 
judge  of  what  it  is  best  to  do.  We  do  not  think  the  refusal  in  this  case 
Is  an  error  on  the  part  of  the  county  superintendent. 

It  is  also  alleged  on  the  part  of  the  appellant  that  "the  county  superin- 
tendent made  a  wrongful  decision  upon  the  facts  in  the  case."  The  appel- 
lant introduced  evidence  to  show  that  he  had  taught  a  fairly  successful 
school,  and  that  he  was  in  good  repute  as  a  teacher  in  his  own  neighbor- 
hood. All  this  was  pertinent  to  the  question  at  issue,  but  if  the  conversa- 
tion and  actions  of  the  appellant  made  such  an  impression  upon  the  mind 
of  the  county  superintendent  at  the  time  of  examination  that  this  evidence 
even  could  not  overcome  it,  the  county  superintendent  could  not  consist- 
ently do  otherwise  than  as  he  did. 

The  discretion  vested  in  the  county  superintendent  by  the  law  is  very 
large,  and  for  this  purpose,  that  he  may  guard  the  public  schools  against 
the  intrusion  of  persons  unworthy  or  unfit  for  the  office  of  teacher.  The 
department  of  public  instruction  can  not  release  him  from  his  responsi- 
bility, nor  can  it  interfere  with  his  discretionary  acts  except  upon  the 
clearest  and  most  convincing  proofs  of  violation  of  law,  or  of  the  influence 
of  passion  or  prejudice  in  the  performance  of  his  official  duty. 

The  appellee  on  the  other  hand  seems  to  argue  that  the  action  of  the 
county  superintendent,  in  refusing  to  grant  a  certificate,  can  not  be  inter- 
fered with  by  the  superintendent  of  public  instruction.  In  1867,  Hon.  D. 
Franklin  Wells,  then  superintendent  of  public  instruction,  obtained  an 
opinion  from  the  attorney-general  of  the  state,  Hon.  F.  E.  Bissell,  upon  this 
point.  The  following  extract  from  that  opinion  is  answer  to  each  of  the 
claims  just  considered.  "Chapter  52,  laws  of  the  tenth  general  assembly, 
provides  that  the  superintendent  of  public  instruction  shall  be  charged 
with  the  supervision  of  all  the  county  superintendents,  and  shall  deter- 
mine all  cases  appealed  from  the  decision  of  the  county  superintendent.  I 
hold  that  under  the  above  provisions,  the  right  of  appeal  is  clearly  inferable, 
if  not  directly  given  to  any  one  aggrieved  by  the  refusal  of  the  county 
superintendent  to  give  a  certificate,  or  by  the  revocation  of  a  certificate. 
The  power  should,  however,  be  very  cautiously  exercised  and  the  decision 
of  the  county  superintendent  should  not  be  interfered  with  except  in  case 
of  a  clear  violation  of  duty,  or  when  the  act  was  the  clear  result  of  passion 
or  prejudice," 


48  SCHOOL  LAW  DECISIONS 

After  a  careful  review  of  the  testimony  and  the  able  arguments  sub- 
mitted to  us,  we  do  not  find  sufficient  reason  for  reversing  the  decision  made 
heretofore.  AFFIRMED. 

HENRY  SABIN, 

February  4,  1889.  Superintendent  of  Public  Instruction. 


G.  W.  DAVIS  et  al.  v.  DISTBICT  TOWNSHIP  OF  LINN. 
Appeal  from  Linn  County. 

APPEAL.    Will  not  lie  to  control  the  action  of  a  board  or  of  the  county  super- 
intendent, where  concurrence  is  provided  for. 

TUITION.    To  enable-  the  districts  in  which  the  children  reside  to  collect  tui- 
tion, all  the  requirements  of  the  law  must  first  be  fulfilled. 

At  its  regular  meeting  on  the  eighteenth  of  March,  1889,  the  board 
passed  a  resolution  excluding  from  the  privileges  of  the  school,  in  sub- 
district  number  seven,  children  from  the  independent  district  of  Laurel 
Hill,  in  Jones  county,  who  had  from  time  to  time  for  many  years,  been 
allowed  to  attend  the  school  in  said  subdistrict  number  seven.  On  the 
thirtenth  of  April  the  board  considered  a  petition  of  parties  in  the  ad- 
joining district  of  Laurel  Hill  desiring  to  send  to  the  school  in  Linn  town- 
ship, and  passed  an  order  refusing  to  admit  their  scholars.  Prom  this 
action,  G.  W.  Davis  and  others  appealed  to  the  county  superintendent,  who 
heard  the  case  on  the  ninth  of  May,  affirming  the  order  of  the  board. 
From  his  decision  G.  W.  Davis  appeals. 

The  attendance  of  scholars  living  in  an  adjoining  district  is  governed 
by  section  1793.  By  the  portion  of  the  section  to  .which  this  appeal  relates, 
children  may  attend  in  another  district  on  such  terms  as  may  be  agreed 
upon  by  the  respective  boards.  In  the  history  of  this  case,  it  is  not  shown 
that  any  action  was  taken  by  the  board  of  Laurel  Hill  as  to  agreement 
regarding  terms  of  attendance.  The  board  of  the  district  township  of 
Linn  refused  to  admit  the  scholars  in  question.  It  is  from  this  order,  an 
initial  action,  that  appeal  was  taken. 

At  the  trial  before  the  county  superintendent  a  statement  of  facts  was 
submitted  and  was  agreed  to  by  both  parties  to  the  appeal,  as  a  basts  upon 
which  the  appeal  should  be  heard.  At  this  point  the  board  by  its  attorney 
filed  a  demurrer,  urging  that  the  county  superintendent  could  not  ac- 
quire jurisdiction;  that  the  action  of  the  board  complained  of  was  not  sub- 
ject to  revision  upon  appeal  and  asking  the  county  superintendent  to  dis- 
miss the  case  for  want  of  jurisdiction.  The  demurrer  was  overruled,  the 
case  was  tried  on  the  agreed  statement  of  facts,  and  the  order  of  the  board 
affirmed.  Did  the  county  superintendent  err  in  overruling  the  motion  to 
dismiss  the  case  for  want  of  jurisdiction?  We  think  he  did. 

If  the  boards  fail  to  agree  upon  terms  of  attendance,  certain  condi- 
tions regarding  distance  from  the  respective  schools  being  fulfilled,  as  they 
are  in  this  case,  section  1793  itself  provides  the  next  step  to  be  taken.  The  " 
county  superintendent  of  the  county  in  which  the  children  reside  may  give 
his  consent  with  that  of  the  board  of  the  district  where  the  children  desire 
to  attend,  admitting  them.  But  from  the  refusal  of  the  board  to  admit  the 


SCHOOL  LAW   DECISIONS  49 

children  it  is  held  and  has  been  uniformly  held  in  opinions  by  this  depart- 
ment, that  appeal  will  not  lie.  It  has  always  been  conceded  to  be  the  in- 
tention of  the  lawmakers  to  leave  with  the  board  of  the  district  in  which  the 
school  is  maintained,  the  matter  of  determining  finally  and  conclusively, 
if  it  chooses  that  scholars  shall  not  be  admitted  under  the  provisions  of 
section  1793.  If  its  consent  is  withheld,  neither  the  courts  of  law  nor  any 
appellate  tribunal  may  set  aside  its  order  of  refusal,  and  compel  it  to  admit 
outsiders  and  accept  as  compensation  for  their  instruction  the  amounts 
fixed  by  section  1793.  We  have  referred  to  this  matter  at  such  length, 
because  the  counsel  for  the  appellant  urges  the  claim  that  the  case  should 
be  remanded  for  a  new  trial. 

We  are  compelled  to  find  that  there  are  but  two  methods  in  law,  by 
which  attendance  in  subdistrict  number  seven  may  be  secured  for  their 
children  by  the  appellants.  The  two  boards  may  agree  as  to  the  terms 
of  attendance.  Or  after  they  have  refused  to  agree  the  concurrent  con- 
sent of  the  county  superintendent  of  Jones  county  and  the  board  of  the 
district  township  of  Linn,  will  entitle  the  children  to  attendance  and  bind 
their  home  district  for  the  expenses  of  their  instruction  in  the  manner 
provided  by  section  1793.  But  appeal  will  not  lie  to  control  the  action  of 
either  board  or  of  the  county  superintendent. 

REVERSED  AND  DISMISSED. 
HENRY  SABIN, 

August  6,  1889.  Superintendent  of  Public  Instruction. 


ISHAM  WATKINS  v.  INDEPENDENT  DISTRICT  OF  EMPIRE. 
Appeal  from  Marion  County. 

APPEAL.  An  appeal  will  not  lie  from  an  order*  of  the  board  initiating  a  change 
in  boundaries,  where  the  concurrence  of  the  board  of  an  adjoining  district  is 
necessary  to  effect  the  change. 

APPEAL.  Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  con- 
curring or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  ac- 
tion first. 

JURISDICTION.  The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than 
that  of  the  board  from  whose  action  the  appeal  is  taken. 

On  the  sixteenth  of  September,  1889,  the  board  of  the  independent  dis- 
trict of  Highland  determined  to  notify  Isham  Watkins  of  Empire  district, 
that  his  children  could  not  any  longer  attend  the  school  in  Highland  dis- 
trict. The  records  show  that  it  was  willing  that  he  should  be  attached  to 
Highland  district.  This  was  taken  as  an  initiatory  movement.  Isham  Wat- 
kins  petitioned  the  board  of  the  Empire  district  to  set  off  the  north  half  of 
northeast  quarter  of  sections  25,  75,  21,  to  the  independent  district  of  High- 
land. The  petition  was  rejected;  in  effect  the  Empire  board  refused  to  con- 
cur. An  appeal  was  taken  to  the  county  superintendent,  who  ordered  that 
the  northeast  quarter  of  northeast  quarter  of  section  25  be  detached  from 
the  independent  district  .  of  Empire  and  attached  to  the  independent  dis- 
trict of  Highland. 
4 


50  .  SCHOOL  LAW  DECISIONS 

Of  the  several  questions  involved  in  this  case  it  is  necessary  to  discuss 
only  one.  Did  the  county  superintendent  exceed  his  jurisdiction?  The 
board  of  Highland  initiated  an  action.  The  board  of  Empire  district  must 
either  concur  or  non-concur,  and  from  its  action  an  appeal  could  be  taken. 
If  it  did  not  choose  to  accede  to  the  proposition  of  the  Highland  district, 
then  action  in  that  particula.r  ended  with  its  vote  to  non-concur.  If  it  had 
a  different  proposition  to  make,  as  for  instance  granting  forty  acres,  it 
could  only  initiate  a  movement  to  that  effect  and  leave  it  for  Highland  dis- 
trict to  act,  and  from  the  action  of  the  latter  board  an  appeal  could  then 
be  taken. 

In  this  case  the  county  superintendent  initiates  a  new  action,  and  leaves 
it  for  Highland  district  to  act.  Now,  if  this  action  is  allowed  to  stand,  any 
one  aggreived  may  take  an  appeal  from  the  action  of  the  board  of  the 
Highland  district.  He  would  then  have  an  apeal  brought  before  the  county 
superintendent  from  an  action  which  he  himself  initiated.  It  might  be  fur- 
ther agreed  that  if  the  county  superintendent  has  original  jurisdicton, 
then  this  appeal  can  not  lie,  as  an  appeal  can  be  taken  only  from  the  order 
of  the  board  completing  the  action.  The  precedents  established  have  been 
followed  closely  by  this  department  and  we  can  see  no  reason  for  breaking 
away  from  them. 

It  is  held  that  in  cases  requiring  the  concurrent  action  of  two  boards, 
the  board  completing  the  action  can  only  concur  or  non-concur.  Any  action 
involving  a  new  proposition  initiates  a  new  case,  which  must  be  passed 
upon  by  the  other  board  concerned  in  the  matter,  and  from  which  an 
appeal  can  be  taken.  It  is  further  held  that  the  county  superintendent 
upon  appeal  is  limited  to  reversing  or  affirming  the  action  of  the  board 
completing  the  action,  and  that  he  can  not  assume  original  jurisdiction 
and  do  what  the  board  appealed  from  could  not  do. 

It  seems  apparent  that  Mr.  Watkins  has  not  reasonably  good  school 
facilities  and  we  regret  that  we  are  compelled  to  set  aside  the  decision  of 
the  county  superintendent.  He  was  actuated  by  laudable  motives  and  was 
looking  for  the  best  interests  of  the  chidlren  in  this  case.  We  are,  however, 
forced  to  the  conclusion  that  the  county  superintendent  erred  in  assuming 
;  original  jurisdiction.  REVERSED  AND  DISMISSED. 

HENRY  SABIN, 

March  18,  1890.  Superintendent  of  Public  Instruction. 


ROBERT  MAXWELL  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Union  County. 

PROCEEDINGS.  The  regularity  of  all  the  proceedings  will  be  presumed  upon, 
This  is  true  in  an  especial  sense  when  the  records  are  more  than  usually  com- 
plete. 

TEACHER.  In  the  trial  of  a  teacher  the  board  is  bound  carefully  to  protect  the 
interests  of  the  district  and  to  seek  the  welfare  of  the  school,  as  well  as  to 
regard  the  rights  guaranteed  to  the  teacher. 

NOTICE,    Appearance"  at  the  trial  is  a  complete  waiver  of  notice. 


SCHOOL  LAW  DECISIONS  51 

RECORDS.     The  record  of  the  secretary  must  be  considered  as  evidence,  unless 
there  is  proof  of  fraud  or  falsehood. 

On  the  ninth  day  of  December,  1889,  the  secretary,  acting  upon  a  peti- 
tion signed  by  five  residents,  called  a  meeting  of  the  board  for  December 
14th,  to  examine  the  teacher  of  subdistrict  number  eight.  A  notice  was 
also  served  upon  the  teacher  the  same  date,  signed  by  the  secretary,  both 
the  call  and  the  notice  being  spread  upon  the  records  in  due  form.  The 
meeting  was  held  on  the  fourteenth  of  December.  The  records  show  that 
the  appellant  was  present  and  objected  to  the  consideration  of  the  charges, 
as  the  proceedings  were  not  in  accordance  with  section  1734.  At  the  same 
time  he  demanded  a  copy  of  the  charges  and  that  one  week  be  given  him 
in  which  to  prepare  his  defense,  which  demand  was  complied  with  and  the 
board  adjourned  to  December  21st. 

If  the  appellant  had  moved  to  dismiss  the  case  it  would  not  have  been 
an  error  to  sustain  the  motion,  but  he  submitted  to  the  jurisdiction  of  the 
board  and  obtained  a  continuance  of  the  case  until  December  21st.  It  must 
be  held  that  by  this  action  he  waived  any  defect  or  irregularity  in  the 
jurisdiction  of  the  board  in  this  case.  The  purpose  and  object  of  the 
process,  as  pointed  out  in  section  1734,  was  fully  accomplished.  See  Wilgus 
et  a,l.  v.  Gettings  et  al.,  19  Iowa,  page  82.  At  the  meeting  held  December  21st 
the  board  voted  to  discharge  the  teacher.  An  appeal  was  taken  to  the 
county  superintendent  who  affirmed  the  board.  The  appellant  appeals  to 
the  superintendent  of  public  instruction. 

The  only  question  before  the  county  superintendent  was  whether  the 
conditions  as  prescribed  in  section  1734  were  fully  complied  with.  It  is 
alleged  that  while  the  teacher  was  present  he  was  not  allowed  to  make  his 
defense.  The  secretary's  transcript  furnishes  the  only  means  of  determin- 
ing this.  The  records  show  that  he  was  allowed  to  cross-examine  wit- 
nesses, and  they  do  not  show  that  he  was  barred  from  offering  evidence  had 
he  chosen  to  do  so.  There  can  be  no  question  of  the  power  of  the  b.oard 
under  the  law  to  discharge  the  teacher.  It  is  held  in  the  cure  of  Kirkpatrick 
v.  Independent  District  of  Liberty,  53  Iowa,  585,  that  the  board  does  not  act 
as  a  court,  in  any  strict  sense,  and  is  not  bound  by  the  rules  applicable  to  a 
court.  The  intent  of  the  statute  is  evidently,  while  it  guards  carefully  the 
rights  of  the  teacher,  to  enable  the  board  to  discharge  a  teacher  who,  after 
a  careful  investigation,  is  determined  to  be  unfit  for  the  position.  It  is 
termed  "a  simple  and  inexpensive  way  of  determining  rights."  It  is 
claimed  by  the  counsel  for  the  appellant  that  when  a  certain  mode  is  pre- 
scribed in  determining  a  case  not  in  the  usual  course  of  the  common  law, 
such  mode  must  be  followed,  and  reference  is  made  to  the  case  of 
Cooper  v.  Sunderland,  3  Iowa,  125.  But  it  is  held  in  the  same  case  that  when 
sufficient  appears  on  the  face  of  the  records  to  give  it  jurisdiction  under  the 
law  conferring  the  power,  then  the  presumption  attaches  in  favor  of  the 
remainder  of  the  proceedings  of  the  court.  If  the  action  of  the  appellant 
in  appearing  for  trial  gave  the  board  jurisdiction,  then  all  the  proceedings 
must  be  held  to  be  regular.  The  discharge  of  a  teacher  is  largely  within 
the  discretionary  power  of  the  board.  It  is  to  guard  the  rights  of  the  dis- 
trict and  the  interests  of  the  school,  as  well  as  the  rights  of  the  teacher. 
After  a  full  and  fair  investigation  it  is  its  duty  to  act  as  it  deems  best, 
under  all  the  conditions  and  circumstances  of  the  case.  See  Smith  v. 


52  SCHOOL  LAW  DECISIONS 

Township  of  Knox,  42  Iowa,  522.  This  being  the  case,  it  is  the  duty  of  the 
county  superintendent  not  to  interfere  with  the  action  of  the  board  unless 
he  is  convinced  that  it  in  some  way  abused  its  discretion.  He  is  right  in 
sustaining  the  board,  even  though  as  an  indivdual  he  would  have  preferred 
some  other  action  on  its  part. 

Our  conclusion  is,  after  a  careful  consideration  of  the  matter  and  after 
reading  the  transcript  with  unusual  care,  that  the  defendant  had  a  fair  and 
impartial  trial,  and  that  the  terms  of  the  law  were  substantially  complied 
with.  The  decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

June  12,  1890.  Superintendent  of  Public  Instruction. 


MICHAEL  DONELON  v.  DISTRICT  TOWNSHIP  OF  KNIEST. 
Appeal  from  Carroll  County. 

SUBDISTRICT  BOUNDARIES.  The  boundaries  of  subdistricts  may  be  changed  or 
new  subdistricts  formed  only  at  the  regular  meeting  of  the  board  in  Septem- 
ber, or  at  a  special  meeting  held  before  the  following  March. 

On  the  twenty-fourth  of  March,  1890,  the  board  made  an  order  changing 
the  boundary  between  subdistricts  four  and  five.  Michael  Donelon,  resid- 
ing upon  the  territory  transferred,  appealed  to  the  county  superintendent, 
who  on  the  fourteenth  of  April  affirmed  the  order  of  the  board,  and  from  his 
decision  Mr.  Donelon  appeals. 

The  action  of  the  board  called  in  question  was  taken  under  section 
1796,  the  first  of  which  section  reads:  "The  board  of  directors  shall,  at 
their  regular  meeting  in  September,  or  at  any  special  meeting  called  there- 
after for  that  purpose,  divide  their  township  into  subdistricts,"  etc.  It 
has  been  continuously  held  by  this  department  ever  since  the  enactment 
of .  the  provision  of  law  quoted  above,  that  as  changes  in  the  subdistrict 
boundaries  under  section  1796  do  not  take  effect  until  the  following  sub- 
district  election,  it  is  therefore  the  manifest  intention  of  the  law  as  indi- 
cated in  the  reading  of  the  portion  of  section  1796  we  have  quoted,  that  said 
changes  should  be  ordered  at  the  regular  meeting  of  the  board  in  Sep- 
tember, or  at  a  specially  called  meeting  held  long  enough  before  the  sub- 
district  election  to  allow  time  for  notices  to  be  given  for  the  election  of 
subdirectors,  and  that  the  law  does  not  give  the  board  power  to  change 
subdistrict  boundaries  between  March  and  September,  but  only  between 
September  and  March.  If  this  is  the  meaning  of  the  law  it  is  decisive  of 
this  case,  #,nd  we  shall  be  compelled  to  dismiss  the  case  for  want  of  juris- 
diction. 

A  careful  examination  of  the  question  leads  us  to  the  same  conclu- 
sions uniformly  announced  by  our  predecessors.  We  are  able  in  no  other 
way  to  explain  the  wording  of  the  section.  It  seems  plain  that  the  law  in- 
tends to  impose  the  limitation  upon  the  board  so  clearly  indicated  by  the 
phraseology  of  section  1796.  Attention  is  invited  to  the  decisions  found  on 
pages  25,  26  and  63,  School  Law  Decisions  of  1876.  It  is  also  worthy  of 
notice  that  this  principle  has  been  considered  to  be  so  fully  established  in 
practice  and  so  well  understood,  that  cases  referring  to  the  universally  ad- 
mitted fact  have  been  omitted  from  the  three  compilations  of  decisions 


SCHOOL  LAW  DECISIONS  53 

made  since  1876.  This  case  is  the  first  appeal  for  many  years  past  reviving 
the  question. 

We  are  aware  that  the  case  in  70  Iowa,  338,  may  be  urged  as  affording 
opportunity  for  a  different  view  than  the  one  taken  by  us.  But  it  must 
be  observed  that  the  matter  at  issue  in  that  case  is  whether  the  board  has 
power  to  exercise  its  discretion  in  so  full  and  complete  a  manner  as  to  dis- 
pense entirely  with  a  new  subdistrict  recently  created  by  a  former  board, 
and  thus  by  a  single  order  opposite  in  intention  to  nullify  all  that  had  been 
done  previously  in  regard  to  change  of  boundaries.  It  was  urged  that  the 
board  does  not  have  such  power  after  the  subdstrict  has  acquired  a  legal 
existence.  The  effect  of  the  decision  is  to  establish  the  power  of  the  board 
to  exercise  its  fullest  discretion  in  determining  the  necessity  for  change  of 
boundaries,  subject  to  the  remedy  of  appeal.  We  can  not  interpret  the  decis- 
ion as  setting  aside  that  provision  of  1796,  which  directs  that  such  changes 
in  boundaries  shall  be  made  at  the  regular  meeting  of  the  board  in  Sep-< 
tember,  or  at  a  special  meeting  thereafter,  obviously  not  to  be  held  later 
than  the  first  Monday  in  March. 

It  is  apparent  then  that  the  action  of  the  board  complained  of  in  this 
case  was  not  in  accordance  with  law,  and  hence  was  null  and  void.  It  is 
fortunate  that  the  board  has  an  opportunity  within  a  few  weeks  to  take 
such  action  as  may  then  seem  to  it  for  the  best  interests  of  the  district  and 
all  concerned.  REVERSED  AND  DISMISSED. 

HENRY  SABIN, 

August  23,  1890.  Superintendent  of  Public  Instruction. 


ELISHA  AND  ELDA  TANNEB  v.  INDEPENDENT  DISTRICT  OF  CLARENCE. 
Appeal  from  Cedar  County. 

AFFIDAVIT.  A  technical  error  in  the  affidavit  not  prejudicial  to  either  party 
will  not  defeat  the  appeal. 

AFFIDAVIT.  The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  one  interested.- 

SCHOOL  PRIVILEGES.  The  law  is  to  be  construed  in  the  interest  of  the  child. 
The  actual  residence  of  the  scholar  at  the  time  will  establish  the  right  to  at- 
tend school  free  of  tuition. 

The  board  excluded  Elda  Tanner  from  school  until  such  time  as  her  tui- 
tion is  paid,  on  the  ground  that  she  is  a  non-resident  pupil.  The  county 
superintendent,  on  appeal,  reversed  the  action  of  the  board  and  appeal  was 
taken  to  the  superintendent  of  public  instruction.  It  was  claimed  before 
the  county  superintendent  that  inasmuch  as  the  affidavit  upon  which  the 
appeal  was  based  was  without  the  seal  of  the  notary  public,  that  there 
were  no  grounds  upon  which  the  appeal  could  be  legally  based.  While  it 
is  true  that  the  notarial  seal  is  necessary  to  constitute  an  affidavit,  in  this 
case  the  notary  public  was  present  at  the  time  of  trial  and  under  oath 
testified  that  the  omission  of  the  seal  was  only  an  oversight  on  his  part, 
and  that  the  persons  therein  designated  did  make  oath  to  the  pa.per  and 
affix  their  signatures  to  it  in  his  presence,  then  he  also  there  affixed 


64  SCHOOL  LAW  DECISIONS 

the  notarial  seal.  It  is  held  that  since  no  interests  were  prejudiced  by 
the  error  which  at  the  best  was  only  technical,  the  county  superin- 
tendent did  not  commit  an  error  in  overruling  the  motion  to  dismiss  the 
case. 

The  allegations  of  facts  made  by  Elda  Tanner  are  that  she  is  sixteen 
years  of  age,  that  her  father  and  mother  have  parted,  and  that  for  ten 
years  or  more  she  made  her  home  in  the  family  of  Mrs.  McCartney  in 
Massilon  township.  Before  she  came  to  Clarence  she  had  an  understanding 
with  her  father  that  she  was  to  care  for  herself  thereafter.  She  also  claims 
that  being  thus  emancipated  from  her  father's  control,  she  chose  to  be- 
come a  resident  of  Clarence,  and  as  an  actual  resident  of  that  school  dis- 
trict is  entitled  to  the  privileges  of  school  under  the  provisions  of  sec- 
tion 1794. 

It  is  of  interest  to  ascertain  how  far  such  an  agreement  constitutes  eman- 
cipation of  a  minor  child.  It  is  held  in  1  Iowa,  356,  that  in  the  absence 
of  statutory  requirements  such  emancipation  need  not  be  evidenced  by  any 
formal  or  record  act,  but  may  be  proved  like  any  other  fact.  The  evi- 
dence of  Elda  Tanner  in  this  case  is  corroborated  by  that  of  her  father, 
and  of  Mrs.  McCartney,  who  was  present  during  the  conversation.  We  are 
disposed  to  hold  that  Elda  Tanner  under  the  facts  as  sworn  to  before  the 
county  superintendent  was  at  liberty  to  choose  such  a  place  of  residence 
as  seemed  to  her  most  fitting.  The  evident  and  beneficent  intent  of  the 
law  is  that  no  child  shall  be  deprived  of  school  privileges.  The  father  of  a 
family  may  move  into  the  district  from  an  adjoining  State,  and  although 
certain  time  must  elapse  before  he  is  entitled  to  vote  he  may  place  his 
children  in  school  the  very  day  he  arrives.  In  the  same  spirit  it  has  been 
held  that  children  living  in  families  in  which  their  work  compensates  for 
their  board,  are  actual  residents  and  are  entitled  to  school  privileges. 
The  law  is  to  be  construed  in  their  interests.  The  district  is  entitled  to 
have  such  children  enumerated,  if  they  are  thus  actual  residents  at  the  time 
the  school  census  is  taken.  We  do  not  undertake  to  decide  that  parents 
or  guardians  can  transfer  children  from  one  district  to  another  for  school 
purposes  alone,  but  only  that  those  who  are  actual  residents  under  the  pro- 
visions of  the  law  may  attend  school  without  the  payment  of  tuition.  While 
it  is  true  in  general  that  the  residence  of  a  child  is  the  same  as  that  of  the 
parents  or  guardian,  the  law  evidently  contemplates  exceptions  to  this 
general  rule  and  leaves  the  right  to  attend  school  to  be  established  by 
the  actual  residence  of  the  child.  Any  other  construction  would  not  be 
in  accordance  with  the  spirit  of  the  law,  and  would  deprive  many  children 
of  the  right  to  attend  the  public  schools. 

In  this  case  the  question  of  residence  is  largely  one  of  intent.  The 
testimony  of  Elda  Tanner  is  to  the  effect  that  she  was  at  the  time  of 
attendance  an  actual  resident  of  Clarence,  and  had  no  ether  residence.  It  was 
competent  for  the  board  to  disprove  this,  but  we  do  not  find  the  evidence  to  that 
effect  conclusive. 

It  is  held  that  the  board  erred  in  excluding  Elda  Tanner  from  school 
and  the  decision  of  the  county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

April  24,  1891.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS  55 

J.  C.  REED  et  al.  v.  DISTRICT  TOWNSHIP  OF  EAGLE. 
Appeal  from  Sioux  County. 

SUBDISTRICTS.  The  board  should  be  encouraged  in  forecasting  a  general  plan 
looking  toward  an  ultimate  regularity  in  the  form  of  subdistricts. 

SCHOOLHOUSE.  There  is  no  limitation  in  law  as  to  the  number  of  scholars 
to  be  accommodated,  in  order  that  the  board  may  provide  a  schoolhouse. 

SUBDISTRICTS.  Should  be,  if  possible,  compact  and  regular  in  form.  In  well 
populated  district  townships  two  miles  square  is  considered  a  desirable  area 
for  each  subdistrict. 

SUBDISTRICTS.  It  is  very  important  that  subdistricts  should  be  regular  In 
form,  and  that  where  it  is  possible  schoolhouses  should  be  located  at  or  near 
geographical  centers. 

BOUNDARIES.  In  the  determination  of  district  and  subdistrict  boundaries,  tem- 
porary expenditures  and  individual  convenience  should  be  subordinated  to  the 
more  important  considerations  relating  to  simplicity  of  outline,  compactness 
of  shape,  uniformity  of  size,  and  permanence  of  sites  and  boundaries. 

The  above  named  district  township  coincides  with  a  congressional  town- 
ship and  consists  of  a  single  subdistrict.  Portions  of  the  district  are  yet 
sparcely  settled.  The  board  seems  to  have  projected  a  plan  to  so  locate 
schoolhouses  when  they  must  be  supplied,  that  ultimately  the  township 
shall  have  nine  subdistricts,  each  of  four  sections. 

On  the  sixteenth  of  March  the  board  ordered  a  schoolhouse  built  at  the 
center  of  the  square  of  four  sections  in  the  southeastern  corner  of  the 
township.  From  this  action  J.  C.  Reed  appealed  to  the  county  superintend- 
ent, who  affirmed  the  order  of  the  board.  From  this  decision  Mr.  Reed 
appeals. 

It  was  urged  before  the  county  superintendent  that  the  board  was  pre- 
vented by  the  law  from  building  a  schoolhouse  for  the  accommodation  of 
a  less  number  than  fifteen  of  school  age.  The  question  now  to  be  deter- 
mined is  whether  the  county  superintendent  erred  in  affirming  the  order 
of  the  board. 

The  board  seemed  to  have  outlined  a  policy  of  regarding  each  four  sec- 
tions as  a  separate  division,  to  be  provided  with  school  advantages  by  itself. 
So  far  as  forecasting  the  probable  form  of  subdistricts  to  be  created  in 
the  future,  we  think  the  board  might  be  guided  in  the  location  of  school- 
houses  at  the  present  time  by  such  policy,  in  order  that  ultimately  each 
subdistrict  will  have  the  form  desired  and  each  schoolhouse  will  b,e  located 
so  as  best  to  accommodate  all  patrons. 

But  while  matters  are  in  this  progressive  condition,  we  think  the  law 
does  not  confer  power  upon  the  board  to  apply  the  limitations  of  section 
1725,  and  decide  that  until  fifteen  of  school  age  are  to  be  accommodated 
by  the  schoolhouse  to  be  built  no  house  can  be  erected.  In  this  case  for 
instance  there  is  but  one  single  subdistrict.  The  board  may  create  other 
subdistricts  provided  fifteen  of  school  age  are  included  within  the  bound- 
aries of  each  one  so  formed:  But  the  board  is  not  prevented  from  build- 
ing more  than  one  schoolhouse  in  any  subdistrict.  See  69  Iowa,  533.  In 
the  absence  of  specific  instructions  in  connection  with  the  voting  of  the 


56  SCHOOL  LAW  DECISIONS 

taxes  by  the  electors,  the  board  is  empowered  to  locate  sites  where  in  its 
judgment  a  schoolhouse  seems  to  be  most  demanded. 

We  are  unable  to  find  from  the  evidence  any  reason  to  disturb  the  finding 
of  the  county  superintendent  and  his  decision  is  therefor  AFFIBMED. 

HENRY  SABIN, 

July  3,  1891.  Superintendent  of  Public  Instruction. 


"  E.  A.  SHEAFE  v.  INDEPENDENT  DISTRICT  OF  CENTER. 
Appeal  from  Wapello  County. 

TEACHER.    As  an  employe  of  the  district  the  teacher  may  justly  claim  and  ex- 
pect to  receive  the  official  assistance  and  advice  of  the  board. 

TEACHER.     The  law  insures  the  teacher  a  fair  and   impartial   trial  before  he 
may  be  discharged. 

The  history  of  this  case  presents  nothing  unusual.  The  board  voted  to 
discharge  the  teacher  upon  certain  preferred  charges.  The  teacher  ap- 
pealed to  the  superintendent,  who  reversed  the  action  of  the  board.  The 
board  appeals. 

Section  1757  sets  forth  plainly  the  nature  of  the  contract  which  is  the 
evidence  of  agreement  between  the  board  acting  for  the  district  as  one 
party,  and  the  teacher  as  the  other  party.  Section  1734  prescribes  the  only 
method  by  which  the  board  may  terminate  the  contract  in  advance  or  dis- 
charge the  teacher.  Both  parties  are  equally  bound  by  this  contract,  and 
as  the  board  is  a  continuous  body,  the  election  of  an  entire  new  board  does 
not  change  the  relations  of  the  contracting  parties.  But  inasmuch  as  the 
directors  also  act  as  judges  whose  duty  it  is  to  decide  whether  the  contract 
shall  be  terminated,  being  themselves  parties  to  the  contract,  it  becomes 
them  to  weigh  the  evidence  in  the  case  with  the  greatest  care  and  to  give 
the  teacher  the  benefit  of  any  reasonable  doubt.  In  the  present  case  the 
forms  of  the  law  were  complied  with,  and  the  teacher  was  permitted  to  be 
present  and  make  his  defense. 

The  transcript  sent  up  by  the  county  superintendent  shows  that  one  of 
the  complaints  upon  which  the  teacher  was  tried  was  signed  by  Jacob 
Ream,  who  also  is  one  of  the  directors  and  acted  as  one  of  the  judges  in 
the  case.  This  is  strong  presumptive  evidence  of  prejudice  on  the  part  of 
one  of  the  judges  at  least,  and  this  evidence  is  strengthened  by  the  fact 
that  Jacob  Ream  is  the  father  of  John  Ream,  whose  punishment  is  made 
a  matter  of  complaint.  It  is  further  strengthened  by  the  fact  brought  out 
in  evidence,  that  the  present  board  was  elected  for  the  purpose  and  with 
the  intent  of  displacing  the  teacher.  The  law  is  very  careful  to  guard  the 
rights  of  the  teacher  and  to  insure  him  a  fair  trial.  That  certainly  can 
not  be  considered  a  fair  trial  in  the  eyes  of  the  law,  in  which  one  of  the 
judges  who  is  to  give  his  vote  for  acquittal  or  conviction  is  a  complainant 
in  the  case  and  is  as  ready  to  pronounce  the  verdict  before  he  hears  the 
testimony  as  afterward. 

The  board  invited  the  teacher  to  resign  at  Its  first  meeting,  and  upon 
his  refusal  it  proceeded  at  once  to  take  steps  to  discharge  him.  Under 
certain  circumstances  this  might  be  right,  when  necessary  to  relieve  the 


SCHOOL  LAW  DECISIONS  57 

school  from  a  teacher  proved  to  be  incompetent  or  immoral.  But  general 
dissatisfaction  as  alleged  in  the  petition  or  the  desire  to  hire  a  lady  teacher 
for  the  summer  term,  or  to  lessen  the  expenses  of  the  district,  can  not  be 
held  to  form  any  reason  for  discharging  the  teacher.  The  alleged  punish- 
ment of  the  two  boys  is  not  proved  in  either  case  to  have  been  unreason- 
ably severe,  to  have  been  inflicted  in  passion,  or  to  have  resulted  in  any 
permanent  injury.  These  punishments  happened  some  weeks  before  and 
any  complaint  should  have  been  made  to  the  old  board. 

It  does  not  appear  necessary  to  enter  any  further  into  the  merits  of  this 
case.  It  is  held  that  no  error  was  committed  in  reversing  the  action  of  the 
board  and  the  decision  of  the  county  superintendent  is  therefore 

AFFIRMED. 
HENRY  SABIN, 

October  20,   1891.  Superintendent  of  Public  Instruction. 


C.  A.  WEBSTER  v.  INDEPENDENT  DISTRICT  NUMBER  SEVEN. 
Appeal  from  Winneshiek  County. 

DISCRETIONARY  ACTS.  To  warrant  interference  with  a  discretionary  act,  abuse 
of  discretion  must  be  proved  beyond  a  reasonable  doubt. 

DISCRETIONARY  ACTS.  It  is  not  the  province  of  an  appeal  to  discover  and  to 
correct  a  slight  mistake.  The  board  alone  must  bear  any  blame  that  may 
attach  to  a  choice  deemed  by  appellants  somewhat  undesirable,  but  not  an  un- 
wise selection  to  such  a  degree  as  to  indicate  an  abuse  of  the  discretion  ordi- 
narily exercised. 

DISCRETIONARY  ACTS.  In  the  absence  of  proof  that  the  board  has  abused  the 
authority  given  it  by  the  law,  its  orders  will  not  be  set  aside,  although  an- 
other decision  might  to  many  seem  preferable. 

JURISDICTION.  When  its  order  is  affirmed,  the  board  is  left  free  to  take  an- 
other action,  if  thought  best. 

On  the  third  day  of  October,  1891,  the  board  relocated  the  schoolhouse 
site  in  independent  district  number  seven,  Burr  Oak  township.  Appeal 
was  taken  to  the  county  superintendent,  who  reversed  the  action  of  the 
board  which  ordered  the  house  removed  to  the  new  location.  From  this 
decision  John  Knox,  president  of  the  board,  appeals. 

The  proceedings  in  this  case  are  entirely  regular.  It  is  not  claimed  that 
there  was  any  direct  violation  of  law,  nor  that  prejudice  or  improper  mo- 
tives in  the  least  influenced  the  action  of  the  board.  The  very  common 
complaint  that  the  discretion  vested  in  the  board  by  the  law  had  been 
abused  was  virtually  the  only  error  urged. 

The  only  question  for  us  to  determine  is  the  single  one  as  to  whether 
the  county  superintendent  was  warranted  in  setting  aside  the  order  of  the 
board.  Unless  the  evidence  clearly  sustains  his  conclusions  we  shall  be 
compelled  to  reverse  his  decision.  But  if  the  evidence  shows  plainy  a  gross 
abuse  of  discretion  on  the  part  of  the  board,  then  we  must  affirm. 

Where  an  abuse  of  the  large  discretion  vested  in  the  board  is  urged, 
to  warrant  interference  by  an  appellate  tribunal,  such  abuse  must  be  proved 


$8  SCHOOL  LAW  DECISIONS 

conclusively.  The  testimony  must  disclose  so  fully  the  nature  of  the  un- 
warranted action  as  to  leave  no  reasonable  doubt.  The  acts  of  a  board 
must  be  presumed  to  be  correct,  and  they  are  entitled  to  the  benefit  of 
every  doubt.  Unless  it  is  fully  apparent  that  the  discretionary  power  of 
the  board  has  been  abused  to  such  an  extent  as  to  render  interference 
necessary,  it  is  the  duty  of  the  county  superintendent  to  allow  the  act  of  the 
board  to  stand,  although  he  may  differ  from  the  board  very  strongly  as 
to  the  desirability  of  the  order  in  question.  In  this  connection,  attention  is 
called  to  appeal  decisions  found  on  pages  35,  82,  90,  100  and  135,  School 
Law  Decisions  of  1888. 

In  this  case  while  the  testimony  shows  that  .the  removal  of  the  site  se- 
lected will  bring  the  schoolhouse  quite  a  distance  south  of  the  center  of 
the  district,  it  is  not  in  evidence  that  a  suitable  site  might  have  been  found 
nearer  the  center.  It  must  be  presumed  that  the  board  carefully  weighed 
all  the  reasons  in  favor  of  and  against  the  site  chosen,  and  also  that  it 
endeavored  to  find  the  best  site.  The  evidence  is  by  no  means  conclusive 
that  it  did  not  select  the  best  site  obtainable.  If  in  the  opinion  of  the 
people  an  error  has  been  made,  it  rests  with  the  electors  to  choose  a  board 
favoring  another  location. 

It  is  with  reluctance  that  we  reverse  the  decision  of  the  county  super- 
intendent. There  can  be  no  question  that  he  intended  to  seek  substantial 
justice  for  the  people  of  the  district.  This  decision  does  not  prevent  the 
board,  if  thought  desirable  to  do  so,  from  reconsidering  the  action  by  which 
the  new  site  was  chosen  and  selecting  a  different  site.  But  we  can  not 
find  that  the  evidence  supports  the  county  superintendent  in  overruling  the 
order  made  by  the  board  and  his  decision  is  therefore  REVERSED. 

J.  B.  KNOEPFLER, 

February  26,  1892.  Superintendent  of  Public  Instruction. 


R.  G.  W.  FORSYTHE  v.  INDEPENDENT  DISTRICT  OF  KIRKVILLE. 
Appeal  from  Wapello  County. 

APPEAL.  Where  the  changes  are  effected  in  district  boundaries  by  the  con- 
current action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the 
board  concurring  or  refusing  to  concur,  but  not  from  the  order  of  the  board 
taking  action  first. 

TERRITORY.  All  territory  must  be  contiguous  to  the  district  to  which  it  be- 
longs. 

JURISDICTION.  In  change  of  boundaries  by  two  boards,  an  appellate  tribunal 
acquires  only  the  same  power  possessed  by  the  board  from  whose  action  appeal 
is  taken,  and  may  do  no  more  than  affirm  the  order,  or  to  reverse  and  do  what 
the  board  refused  to  do. 

PETITION.  A  petition  may  be  used  to  bring  to  the  attention  of  the  board  the 
kind  of  action  desired  by  the  petitioners,  but  a  board  may  act  with  equal 
directness  without  such  request. 

The  board  of  the  above  named  district  refused  to  concur  in  the  action 
of  the  board  of  the  district  township  of  Richland,  offering  to  transfer  certain 


SCHOOL  LAW 

territory  to  the  independent  district.  Mr.  Forsythe",  desiring  the  trarisfer, 
appealed  to  the  county  superintendent,  who  reversed  the  action  of  the  board 
and  ordered  the  transfer  of  the  territory  under  consideration  by  the  two 
boards,  with  the  exception  of  the  northwest  quarter  of  the  southwest  quarter 
or'  section  eighteen,  which  the  county  superintendent  directed  should  re- 
main a  part  of  the  district  township  of  Richland,  and  also  ordered  the 
transfer  of  the  northwest  quarter  of  section  eighteen,  which  would  other- 
wise be  cut  off  from  the  district  township  to  which  it  belongs.  From  this 
decision  L.  Jones,  president  of  the  board  of  the  independent  district  of 
Kirkville,  appeals. 

This  case  turns  on  the  power  of  the  county  superintendent  to  modify 
the  order  appealed  from  in  the  manner  done  by  him.  It  is  true  that  even 
if  the  board  of  the  independent  district  of  Kirkville  had  concurred  in  the  , 
transfer  of  the  territory  released  by  the  other  board,  such  order  would  not 
have  been  in  conformity  with  the  spirit  of  the  law,  because  forty  acres 
would  then  be  left  belonging  to  the  district  township  of  Richland  and  not 
contiguous  to  the  remainder  of  the  district.  The  county  superintendent 
was  led  to  conclude  that  the  forty  acres  in  question  should  be  transferred, 
if  any  change  of  boundaries  was  made.  But  could  the  county  superin- 
tendent so  determine  in  this  appeal?  We  think  not.  The  board  of  the 
independent  district  might  concur  or  refuse  to  concur.  They  might  refuse 
to  concur,  and  initiate  a  new  proposition  which  the  board  of  the  district 
township  could  act  upon,  when  appeal  would  then  lie  from  the  last  action. 
But  an  attempt  to  change  the  order  originally  made  would  render  it  neces- 
sary to  have  such  new  'action  considered  by  the  other  board,  before  be- 
coming effective,  or  even  in  order  that  the  action  could  be  brought  within 
the  power  of  the  county  superintendent  to  consider  on  appeal.  For  in  a 
case  of  this  kind  no  matter  can  come  into  the  case  on  appeal,  unless  the 
second  board,  the  one  last  acting,  concurs  or  refuses  to  concur  in  the  order 
initiated  or  proposed  by  the  board  first  taking  action. 

It  follows  then  that  the  county  superintendent  having  only  appellate 
jurisdiction,  could  not  assume  original  jurisdiction  and  do  what  the  board 
from  whose  action  the  appeal  was  taken  could  not  have  done.  Therefore 
we  are  compelled  to  hold  that  the  county  superintendent  did  not  have  the 
power  to  decide  that  the  northwest  quarter  of  the  northwest  quarter  of 
section  eighteen  should  be  transferred. 

A  careful  investigation  of  the  transcript  leads  us  to  believe  that  per- 
haps-such a  change  of  the  boundaries  as  would  transfer  the  residence  of 
Mr.  Forsythe  to  the  independent  district,  might  be  desirable.  Of  course 
such  transfer  would  include  entire  forties  of  land,  and  no  territory  could 
be  separated  from  the  district  to  which  it  should  belong.  Whether  any 
change  is  best,  must  be  determined  by  the  boards  interested,  the  action  of 
the  board  last  acting  being  subject  to  correction  on  appeal.  In  order  that 
the  matter  may  come  again  without  prejudice  to  the  attention  of  the 
boards,  the  decision  of  the  county  superintendent  is  reversed  and  the  case 
remanded  to  him  to  be  reopened  and  heard  again.  We  think  he  will  be 
compelled  by  necessity  to  affirm  the  decision  of  the  board  of  the  inde- 
pendent district  of  Kirkville,  in  refusing  to  concur  in  the  transfer  proposed 
by  the  district  township.  This  will  leave  all  matters  as  nearly  as  possible 
in  the  same  condition  they  were  before  any  action  was  taken.  It  will  then 
be  in  order  for  either  board  at  any  time  to  initiate  such  a  change  of  bound- 


60  SCHOOL  LAW  DECISIONS 

aries  as  may  seem  demanded.  There  is  no  absolute  necessity  for  a  petition 
or  request.  A  petition  may  be  used  to  bring  to  the  attention  of  the  board 
the  kind  of  action  desired  by  the  petitioners,  but  a  board  may  act  with 
equal  directness  without  such  request.  REVERSED  AND  REMANDED. 

J.  B.  KNOEPFLER, 
April  6,  1892.  Superintendent  of  Public  Instruction. 


J.  A.  CLAXTON  v.  INDEPENDENT  DISTRICT  OF  HOLMES. 
Appeal  from  Fayette  County. 

SCHOOLHOUSE  SITE.  The  necessities  of  the  present  must  be  observed  in  locat- 
ing schoolhous©  sites,  in  preference  to  the  probabilities  of  the  future. 

SCHOOLHOUSE  SITE.  The  prospective  wants  of  the  district  may  properly  have 
weight  in  determining  the  selection  of  a  site,  when  such  selection  becomes 
necessary,  but  not  in  securing  the  removal  of  a  schoolhouse  now  conveniently 
located. 

On  the  twenty-first  of  March  last,  the  board,  by  two  affirmative  votes 
to  one  negative,  relocated  the  scchoolhouse  site  at  a  point  eighty  rods 
west  of  the  present  site.  From  this  action  J.  A.  Claxton  appealed.  The 
county  superintendent  reversed.  D.  S.  Thompson  now  appeals  to  this 
department. 

The  proceedings  in  this  case  appear  to  be  entirely  regular.  There  was 
no  violation  of  law.  Appellant  does  not  allege  malice  or  prejudice. 
Therefore  abuse  of  discretion  was  the  only  point  to  be  considered  by  the 
county  superintendent.  He  decided,  after  a  full  hearing  of  the  case,  that 
there  had  been  abuse  of  discretion  sufficient  to  warrant  him  in  reversing 
the  board's  order.  It  is  for  us  to  review  the  testimony  on  which  he  made 
this  decision,  and  the  argument  offered  in  the  appeal  before  this  tribunal. 

In  cases  such  as  the  present,  the  question  for  an  appellant  tribunal  to 
determine  is  not  which  of  the  two  sites  is  the  better  but  whether  the  site 
selected  is  under  existing  and  prospective  conditions  of  the  district,  at  all 
fit  and  suitable  for  a  schoolhouse  site,  as  well  as  fair  to  the  patrons.  And 
to  determine  this,  various  factors  must  be  taken  into  consideration.  There 
should  be  unusually  strong  reasons  for  abandoning  a  site  provided  with 
a  good  well,  especially  if  the  new  site  is  on  lower  ground  as  in  the  present 
case,  where  good  water  may  not  be  procurable.  Trivial  differences  in 
distance  should  not  usually  be  allowed  to  lose  to  a  district  the  value  of 
shade  trees  already  well  advanced.  Wells  and  trees  cannot  be  removed, 
and  with  the  latter,  it  not  only  makes  expense,  but  requires  years  to  re- 
place them.  However,  in  all  this,  and  in  the  doubt  that  is  raised  whether 
the  new  site  is  a  fit  one  at  all  on  account  of  being  low  and  wet,  we  are  dis- 
posed to  give  the  board  the  benefit  of  the  doubt. 

Counsel  for  appellant  states  that  the  little  village  of  Donnan,  in  the 
northwestern  part  of  the  district,  is  certain  to  grow  considerably  in  the 
near  future  because  of  being  at  the  junction  of  two  railroads,  and  that 
therefore  it  should  have  better  school  facilities  than  are  afforded  by  the  old 
site.  Taking  the  premises  in  this  reasoning  as  correct  the  conclusion  is 
sound,  only  that  it  does  not  go  far  enough.  Donnan  village  would  demand 


SCHOOL  LAW  DECISIONS  61 

better  school  facilities  than  even  the  new  site  would  afford.  It  would 
ask  to  be  set  off  in  an  independent  district  and  have  its  own  local  school, 
taking  with  it  more  or  less  of  territory  off  the  west  side  of  the  Holmes 
district.  This  would  leave  the  schoolhouse  on  the  new  site  considerably 
too  far  west  of  the  geographical  center  and  center  of  population  of  the 
district  as  it  would  then  be  left,  especially  so  since  many  of  the  residents 
in  the  eastern  half  live  in  the  extreme  eastern  limits  of  the  district. 

Therefore,  taking  all  tnese  things  into  consideration,  while  fully  real- 
izing how  reluctant  this  department  has  always  been  to  interfere  with  the 
discretionary  acts  of  a  board,  we  think  it  will  be  better  for  the  school- 
house  to  remain  on  the  old  site  for  the  present.  When  a  north  and  south 
highway  shall  have  been  actually  constructed  and  its  location  thus  made 
certain,  and  when  the  necessities  of  the  northwestern  portion  of  the  dis- 
trict shall  be  more  definitely  understood,  it  will  be  easier  to  determine  the 
needs  of  the  district,  and  choose  a  site  that  shall  be  permanent,  if  removed 
from  the  present  site.  The  board  may  then,  if  it  sees  fit,  take  action  again 
on  the  question  of  relocation.  The  decision  of  the  county  superintendent 
is  hereby  AFFIRMED. 

J.  B.  KNOEPFLER, 

November  23,  1892.  Superintendent  of  Public  Instruction. 


OLE  THOMPSON  et  al.  v.  DISTRICT  TOWNSHIP  OF  BELMOND. 
Appeal  from  Wright  County. 

TESTIMONY.  Opinions  unsupported  by  facts  do  not  become  satisfactory  evi- 
dence. 

DISCRETIONARY  ACTS.  The  order  complained  of  is  reviewed  not  to  discover  the 
desirability  of  the  action,  but  to  determine  whether  sound  reason  and  wise 
discretion  were  followed. 

DISCRETIONARY  ACTS.  The  fact  that  some  other  action  would  have  been  desir- 
able or  preferable  does  not  establish  that  the  board  abused  its  discretion. 

BOARD  OF  DIRECTORS.  Its  action  is  presumed  to  be  correct  and  for  the  interest 
of  the  district,  until  proved  to  be  otherwise. 

DISCRETIONARY  ACTS.  In  the  determination  of  appeals,  the  weight  which  prop- 
erly attached  to  the  discretionary  actions  of  a  tribunal  vested  with  original 
jurisdiction  should  not  be  overlooked. 

This-  case  comes  before  the  superintendent  of  public  instruction  on  ap- 
peal taken  by  John  L.  McAlpine  from  the  decision  of  the  county  superintend- 
ent reversing  the  action  of  the  board  in  refusing  to  create  certain  ad- 
ditional subdistricts  as  prayed  for  in  a  petition. 

The  point  at  issue  is  a  simple  one,  being  merely  a  question  of  discretion 
on  the  part  of  the  board  as  to  whether  it  was  best  to  take  or  not  to  take 
a  certain  action.  The  decision  of  the  county  superintendent  compels  the 
board  to  do  what  it  did  not  deem  wise  or  necessary.  Doubtless  there  are 
instances  when  such  a  ruling  on  the  part  of  the  appellant  tribunal  is 
needed.  But  does  the  evidence  warrant  such  a  decision  in  the  present  case? 


62  SCHOOL  LAW  DECISIONS 

The  affidavit  bringing  the  case  before  the  county  superintendent  does  not 
allege  violation  of  law,  or  prejudice.  Neither  does  such  appear  in  the 
testimony.  The  law  gives  boards  very  wide  latitude  in  the  exercise  of 
their  discretionary  powers.  Not  infrequently  cases  arise  in  which  an  ap- 
pellate tribunal  would  sustain  their  discretionary  action  whether  they 
granted  or  refused  to  gr^nt  s,  given  petition,  there  being  no  manifest  abuse 
of  such  discretion  in  either  action.  In  any  event,  the  action  of  a  board  i3 
presumed  to  be  correct  and  for  the  interest  of  the  district  until  proved  to 
be  otherwise.  Mere  opinions  of  witnesses  that  a  different  action  would  have 
been  preferable  can  not  be  accepted  as  evidence.  Statements  of  facts  and 
existing  conditions  must  be  given.  Even  then  the  fact  that  some  other  ac- 
tion would  have  been  desirable  or  preferable  does  not  establish  that  the 
board  abused  its  discretion.  It  must  be  shown  that  the  action  complained 
of  is  an  injury  to  the  district  or  doss  gross  and  needless  injustice  to  the 
patrons  thereof.  The  decisions  in  this  line  by  our  predecessors  are  nu- 
merous and  pointed,  and  we  fully  concur  in  the  position  taken. 

In  the  present  case  the  evidence  does  not  show  that  any  one  is  made 
to  suffer  injustice  by  the  board's  action.  Ample  provision  has  been  made  to 
accommodate  all  of  the  pupils  of  the  territory  in  question  with  school 
privileges.  It  is  not  in  evidence  that  the  formation  of  three  subdistricts 
out.  of  the  one  would  improve  these  facilities,  since  the  subdistrict  now  has 
three  schoolhouses  located  for  the  convenience  of  the  respective  portions 
of  said  subdistrict. 

For  the  county  superintendent,  or  the  state  superintendent,  to  render  a 
decision  invariably  as  he  would  have  voted  had  he  been  a  member  of  the 
board,  is  not  what  the  law  intends  when  clothing  these  officers  with  au- 
thority to  try  and  decide  appeals.  Malice,  prejudice,  violation  of  law,  is 
the  board  guilty  of  any  of  these?  Or  has  it  gone  beyond  sound  reason 
and  wise  discretion  in  taking  or  refusing  to  take  a  civen  action?  These 
are  the  questions  for  both  tribunals  to  inquire  into. 

While  we  believe  the  county  superintendent  endeavored  conscientiously 
to  hear  and  decide  the  present  case  fairly,  yet  in  the  light  of  the  foregoing 
reasoning  we  do  not  find  that  the  evidence  discloses  grounds  sufficient  for 
refusing  to  affirm  the  board,  and  the  decision  of  the  superintendent  is 
therefore  REVERSED. 

J.  B.  KNOEPFLER, 

March    11,    1893.  Superintendent    of   Public   Instruction. 


J.  O.  SEVEREID  AND  JOHN  STENBERG  v.  IND.  DISTRICT  OF  FIELDBERG. 
Appeal  from  Story  County. 

SCHOOL   PRIVILEGES.     Are   not   guaranteed   children   elsewhere   than   in   the   dis- 
trict of  their  residence. 

SCHOOL  PRIVILEGES.     To  the  fullest  ex-tent  possible,  the  board  should  equalize 
the  distance  to  be  traveled  to  school. 

SCHOOL   PRIVILEGES.     Attendance   in    another   district   depends   upon   the   board 
of  that  district,  and  must  therefore  be  regarded  as  a  contingency. 


SCHOOL  LAW  DECISIONS  63 

The  transcript  in  this  case  shows  that  on  March  20,  1893,  the  board  in 
answer  to  a  petition  relocated  the  school  site  and  made  an  order  to  move 
the  schoolhouse  on  the  site  selected,  the  latter  being  more  than  three- 
fourths  of  a  mile  north  of  the  present  site.  John  O.  Severeid  and  John 
Stenberg  appealed  to  the  county  superintendent  who  affirmed  the  order  of 
the  board.  The  same  parties  now  appeal  to  the  superintendent  of  public 
instruction.  The  essence  of  affidavit  filed  by  appellants  is  abuse  of  dis- 
cretion by  the  board  because  several  families  will  be  compelled  to  go  two  miles 
or  more  to  reach  the  schoolhouse  on  the  new  site. 

The  district  consists  of  four  sections  in  the  southwest  corner  of  Palestine 
township.  The  schoolhouse  as  now  located  is  in  the  geographical  center  of  the 
district  and  within  a  distance  of  one  and  three-fourths  miles  from  the  most 
remote  patrons.  In  the  northern  part  of  the  district,  in  fact  on  the  extreme 
northern  boundary,  lies  the  village  of  Huxley.  It  is  in  the  edge  of  this  village, 
and  therefore  almost  in  the  limits  of  the  district,  that  the  new  site  has  been 
selected.  Two  of  the  directors  residing  in  said  village  and  being  the  two  who 
voted  for  the  new  location.  The  district  has  a  school  enumerating  sixty-eight, 
of  whom  about  forty  live  in  Huxley.  These  pupils  have  beeri  going  to  the  cen- 
ter of  the  district,  where  the  schoolhouse  now  is,  a  fraction  over  one  and  one- 
fourth  miles.  For  the  better  accommodation  of  these  pupils  the  removal  was 
ordered.  While  some  attempt  is  made  to  show  that  the  site  chosen  is  unfit, 
that  the  cost  of  moving  will  be  excessive,  and  that  there  was  undue  prejudice, 
we  do  not  find  that  any  of  these  charges  are  sustained.  We  may  therefore  con- 
sider merely  the  element  of  distance  to  the  new  site.  It  is  in  evidence  that 
some  of  the  school  patrons  will  have  to  travel  two  and  one-fourth  miles  to  reach 
the  new  site,  while  there  are  five  families  with  nine  children  whose  distance  will 
be  over  two  miles,  also  that  about  twenty-nine  children  at  present  will  be  un- 
favorably affected  and  about  thirty-seven  favorably.  While  the  new  site  will 
accommodate  a  majority  of  the  pupils,  still  it  is  consideraDly  north  of  the 
center  of  population.  The  board  and  the  petitioners  seemed  to  realize  clearly 
that  the  contemplated  site  would  leave  several  families  at  a  great  disadvantage 
as  to  school  privileges,  since  they  state  that  these  families  can  be  accommodated 
in  other  districts.  They  realized  that  an  injustice  would  be  done  if  these  fami- 
lies should  be  compelled  to  travel  to  the  new  site  for  school  conveniences.  But 
there  is  nothing  offered  in  evidence  to  show  how  said  patrons  can  be  accommo- 
dated elsewhere.  It  is  not  shown  that  they  will  be  as  near  even  another  school 
as  to  their  own,  provided  they  might  attend  such  a  school.  For  aught  that  ap- 
pears in  the  evidence,  they  may  be  three  or  mere  miles  from  any  other  school. 
Even  if  there  be  one  nearer,  there  is  no  positive  evidence  that  the  board  has 
made  arrangements  for  the  schooling  of  said  pupils  in  another  school,  or  even 
that  it  can  make  such  arrangements.  Witnesses  say  that  they  think  said  pupils 
could  attend  in  some  other  district,  but  this  belief  merely  can  not  be  received 
as  satisfactory  evidence  on  this  point.  What  are  the  probabilities  that  such 
provisions  can  be  made  for  the  children  of  the  five  families  under  consideration? 
'j.he  territory  on  which  these  families  reside  can  not  be  set  off  to  another  dis- 
trict for  the  reason  that  territory  can  not  be  detached  to  districts  in  a  different 
township,  as  would  be  necessary  in  this  case.  Neither  is  it  legal  to  reduce  in- 
dependent districts  to  less  than  four  sections  except  in  special  cases.  See  chap1 
ter  133,  Jaws  pf  J878,  as  amended  by  chapter  131,  laws  of  1880,  page  84,  S.  L. 
1892. 


64  SCHOOL  LAW  DECISIONS 

The  board  is  not  sure  of  securing  school  privileges  for  said  pupils  elsewhere 
without  such  transfer  of  territory,  because  it  will  require  the  concurrence  of 
another  board  which  may  absolutely  refuse.  In  any  event  the  board  of  Field- 
berg  independent  district  is  not  able  to  guarantee  school  privileges  to  these 
families  elsewhere  than  in  their  own  district,  since  the  matter  does  not  rest 
wholly  in  its  own  power.  While  the  law  does  not,  as  many  suppose,  prescribe 
a  maximum  distance  for  school  travel,  yet  by  permitting  provisions  to  be  made 
under  given  conditions  for  children  to  attend  other  schools  than  their  own 
when  they  live  more  than  one  and  one-half  miles  from  the  latter,  it  is  evident 
that  the  legislature  regarded  this  distance  about  as  far  as  a  child  should  travel 
to  reach  school. 

It  is  the  duty  of  the  board  to  furnish  reasonable  facilities  in  Its  own  district 
for  all  the  children  thereof.  Even  a  minority  of  only  five  families  has  rights 
and  claims  which  may  not  be  ignored.  To  give  a  majority  of  the  district  lo- 
cated in  a  village  convenient  school  privileges  by  practically  cutting  off  others 
entirely  from  any  privileges  of  education,  we  believe  after  long  and  careful 
study  to  be  an  abuse  of  discretion  sufficient  to  warrant  reversing  a  board  taking 
such  action.  The  distance  these  families  will  be  compelled  to  travel  to  school 
will  be  such  as  largely  to  deprive  them  of  their  just  rights  In  the  matter  of 
enjoying  school  accommodations. 

We  are  aware  that  this  department  has  ever  stood  for  sustaining  the  dis- 
cretionary acts  of  a  board.  In  this  case,  however,  we  believe  that  abuse  of 
discretion  has  been  fairly  proven  by  the  appellants.  Doubtless  the  board  had 
not  fully  considered  the  fact  that  rights  of  appellants  could  not  bft  so  ignored 
in  the  effort  to  improve  the  school  conveniences  of  other  parts  of  the  district, 
or  did  not  consider  that  providing  school  privileges  for  appellants  in  some 
other  district  is  hedged  about  with  such  complications  and  uncertainties.  The 
case  is  different  from  what  it  would  be  had  theirs  been  a  district  township  in- 
stead of  an  independent  district.  In  the  former  case  the  matter  would  be  much 
more  in  its  own  hands.  It  could  rearrange  boundaries  to  accommodate  those 
at  too  great  a  distance  from  the  new  site,  a  matter  which  the  board  in  the 
present  case  can  not  do.  If  it  was  satisfactorily  established  that  said  families 
had  been  or  could  and  would  be  permanently  provided  with  better  school  facili- 
ties elsewhere,  such  accommodations  being  annually  dependent  upon  conditions 
in  the  district  in  which  they  might  desire  to  attend,  especially  in  the  disposi- 
tion of  each  new  board,  it  would  have  been  a  comparatively  clear  case  for 
affirming  the  action  of  both  board  and  county  superintendent.  Because  the 
distance  of  five  families  is  to  our  mind  needlessly  increased  and  their  school 
privileges  nearly  cut  off,  and  because  there  is  no  proof  that  another  school  is 
nearer,  with  provision  that  they  could  attend  such  school,  if  there  is  one,  and 
it  seeming  quite  doubtful  whether  such  provision  can  be  made  at  all,  we  feel 
that  the  interests  of  said  families  should  be  protected.  We  have  no  reason  to 
question  the  intentions  of  any  parties  connected  herewith.  We  simply  state 
that  in  our  opinion  the  board  did  not  consider  the  difficulties  in  the  matter  of 
providing  school  facilities  for  the  five  most  distant  families. 

The  decision  of  the  superintendent  is  REVERSED. 

J.  B.  KNOEPFLER, 

August  14,  1893.  Superintendent  of  Public  Instruction, 


SCHOOL  LAW  DECISIONS  65 

BRADFORD  INGRAHAM  v.  DISTRICT  TOWNSHIP  OF  HARTFORD. 
Appeal  from  Iowa  County. 

SCHOOLHOUSE  SITE.     It  is  not  the  province  of  an  appeal  to  determine  which  of 
two  sites  is  the  better. 

TESTIMONY.     If  selfish  or  other  improper  motives  are  complained  of,  the  testi- 
mony must  show  such  facts  conclusively. 

The  history  of  this  case  is  brief.  March  20,  1893,  the  new  township  board 
having  then  just  organized,  on  motion  appointed  a  committee  of  three  to  re- 
locate the  site  of  schoolhouse  in  subdistrict  number  eight,  said  site  to  be  near 
the  geographical  center  of  said  subdistrict.  On  the  twentieth  of  May,  at  a 
special  called  meeting,  it  was  moved  to  reconsider  the  motion  to  relocate  the 
Bchoolhouse  in  subdistrict  number  eight,  which  motion  was  carried.  By  an- 
other motion  the  committee  appointed  at  the  former  meeting  was  discharged. 
It  is  from  this  action  of  the  board  on  May  20th  that  Bradford  Ingraham  ap- 
pealed to  the  county  superintendent,  and  from  the  latter's  decision  affirming 
the  action  of  the  board  to  the  superintendent  of  public  instruction. 

In  his  affidavit,  Mr.  Ingraham  alleges  that  the  board  was  influenced  by 
eelfish  motives  and  further  alleges  in  effect  that  the  board  abused  its  discre- 
tionary powers.  The  abuse  of  discretion,  if  such  it  is,  consisted  in  the  un- 
equal distance  of  travel  from  the  different  parts  of  the  subdistrict  to  the  school- 
house.  A  careful  reading  of  the  case  as  filed  in  the  transcript  fails  to  disclose 
any  selfish  or  improper  motives  on  the  part  of  the  board,  and  we  dismiss  this 
charge  without  further  comment. 

Counsel  for  appellant  discusses  at  some  length  the  effect  of  a -vote  to  recon- 
sider, and  then  not  reconsidering,  not  voting  on  the  former  motion.  It  is 
claimed  that  the  board  merely  voted  to  reconsider  former  motion  to  relocate, 
and  that  no  further  action  being  then  taken,  the  motion  to  relocate  remained 
before  the  board  until  it  should  be  acted  upon  one  way  or  the  other,  or  that 
not  being  taken  up  within  a  month,  it  was  terminated,  leaving  the  previous 
action  thereon  in  force.  Counsel  for  appellees  claims  if  the  first  be  true,  then 
the  case  should  have  been  dismissed,  as  no  action  had  been  taken  from  which 
to  appeal. 

Technically  the  vote  to  reconsider  the  former  motion  placed  said  motion 
before  the  board  again,  as  if  it  had  not  been  voted  on,  and  left  it  ready  for 
debate  and  adoption  or  rejection.  But  it  is  clear  that  the  board  intended  to 
rescind  its  former  action  and  evidently  understood  the  word  reconsider  in  the 
sense  of  rescinding.  It  is  quite  a  common  misapplication  of  the  word.  That 
this  was  the  intention  is  the  more  conclusive  when  we  note  the  subsequent  vote 
of  the  board  in  discharging  its  committee. 

In  providing  for  appeals  before  the  county  and  state  superintendent,  it  was 
the  manifest  purpose  of  the  lawmakers  to  afford  a  speedy,  inexpensive  remedy, 
stripped  of  undue  technicalities,  for  certain  classes  of  grievance.  Holding  this 
view,  we  must  recognize  the  intent  of  the  board,  rather  than  what  it  did  under 
a  technical  construction  of  language.  Apparently  the  board  itself  made  the 
relocation,  and  appointed  a  committee  chiefly  to  arrange  the  details  and  see 
to  the  removal  of  the  schoolhouse.  At  the  May  meeting  no  action  was  taken 
by  the  board  on  the  report  or  statement  made  by  the  committee.  The  resolu- 
tion of  the  board  at  the  March  meeting  located  the  site  about  eighty  rods  east 
5 


66  SCHOOL  LAW  DECISIONS 

of  the  old  site.  The  rescinding  of  this  amounted  to  a  new  location  or  to  un- 
doing the  former  action,  a  thing  they  clearly  had  a  right  to  do.  Members  of 
the  board  had  changed  their  views. 

No  evidence  is  introduced  to  show  that  either  site  is  in  itself  unsuitable. 
It  is  merely  a  question  of  distance.  It  is  a  question  of  moving  the  schoolhouse 
away  from  some  and  nearer  to  others.  Neither  site  would  seriously  discom- 
mode any  one  according  to  the  plat  sent  up  with  the  transcript.  It  is  in  evi- 
dence that  only  one  more  pupil  would  be  better  accommodated  at  the  new  site 
than  at  the  old.  It  is  not  the  province  of  this  department,  nor  of  the  county 
superintendent,  to  determine  which  of  the  two  sites  is  the  better.  An  appel- 
late tribunal  in  such  cases  may  determine  only  whether  the  board  has  chosen 
a  grossly  unsuitable  or  unjust  and  unfair  site.  If  so,  the  board  should  be 
reversed.  If  not,  it  should  be  sustained,  even  though  a  better  site  could  be 
found. 

In  the  present  instance  no  gross  injustice  is  done,  no  manifest  error  com- 
mitted. In  fact,  both  sites  are  good,  and  we  should  be  compelled  to  sustain 
the  board  on  appeal  in  the  selection  of  either  the  present*  or  new  site.  We 
hold  that  the  county  superintendent  committed  no  error  in  affirming  the  action 
of  the  board  when-  it  practically  rescinded  its  former  motion  for  relocation  and 
chose  to  keep  the  old  site.  His  decision  is  therefore  AFFIRMED. 

J.  B.  KNOEPFLER, 
December  21,  1893.  Superintendent  of  Public  Instruction. 


W.  S.  KENWORTHY  et  al.  v.  INDEPENDENT  DISTRICT  OF  OSKALOOSA. 
Appeal  from  Mahaska  County. 

DISCRETIONARY  ACTS.     The  order  of  a  board  should  be  reversed  only  upon  the 
plain  showing  that  the  law  has  been  violated  or  discretion  grossly  abused. 

BOARD  OF  DIRECTORS.     Has  full  power  to  provide  and  enforce  a  course  of  study. 

RULES  AND  REGULATIONS.     The  burden  of  proof  is  with  the  appellant  to  show 
that  a  rule  is  unreasonable. 

The  history  of  the  case  is  this.  The  board  has  a  regulation  that  all  pupils 
shall  provide  themselves  with  text-books  suitable  to  their  grade,  and  that  fail- 
ing to  do  this  they  shall  be  suspended  until  they  comply  with  the  rule. 

The  children  of  the  appellants  were  under  this  rule  suspended  from  school 
for  not  being  provided  with  the  music  books  in  use  in  said  schools.  The  par- 
ents appealed  from  the  ruling  of  the  board  to  the  county  superintendent,  who 
reversed  the  action  of  the  board,  and  the  board  appeals. 

It  is  an  established  rule  that  the  action  of  a  school  board  should  be  reversed 
only  upon  the  showing  that  it  has  abused  its  discretion  or  violated  the  law. 
In  this  case  the  county  superintendent  avers  that  it  violated  the  law  in  that 
it  did  not  advertise  for  bids  as  required  by  section  5  of  chapter  24,  Laws  of 
1890,  before  the  music  books  were  adopted. 

There  is  nothing  in  the  transcript  to  show  that  it  was  acting  under  the 
provisions  of  this  chapter,  which  it  could  not  do  unless  so  instructed  by  the 
electors  of  the  district.  See  section  12  of  said  chapter.  So  much  of  the 
county  superintendent's  decision  as  refers  to  this  may  then  be  dismissed  from 
the  case. 


SCHOOL  LAW  DECISIONS  67 

It  is  further  claimed  that  it  abused  its  discretion  by  adopting  an  unreason- 
able rule.  This  is  the  real  question  at  issue. 

With  their  power  to  establish  and  maintain  graded  schools,  all  boards  are 
invested  with  the  authority  to  prescribe  a  course  of  study  in  the  different 
branches  to  be  taught.  It  is  not  our  province  to  determine  what  the  courts 
might  hold  in  this  case.  They  have  held  that  in  case  a  pupil  refuses  to.  con- 
form to  a  course  of  study  as  prescribed  by  the  board  the  proper  remedy  is  sus- 
pension, and  not  corporal  punishment.  See  50  Iowa,  145.  They  have  also  held 
that  a  rule  suspending  a  pupil  for  a  certain  number  of  absences  or  tardiness 
is  reasonable,  and  may  be  enforced.  See  31  Iowa,  562.  It  is  true  that  they 
also  have  held  that  a  pupil  may  be  suspended  only  for  gross  immorality  or 
persistent  violation  of  reasonable  rules.  See  56  Iowa,  476. 

In  this  case  it  is  nowhere  shown  that  the  children  would  in  any  way  be 
injured  by  the  study  of  music,  or  that  their  health  or  well  being  demanded 
that  they  should  be  excused  from  the  study  in  question. 

There  is  fair  ground  for  considering  the  refusal  to  purchase  the  books  as  a 
failure  to  comply  with  a  reasonable  regulation  of  the  board.  The  rule  of  the 
board  was  made  so  as  to  bear  with  equal  force  upon  all  the  pupils  in  the 
school.  And  in  order  to  make  it  as  little  oppressive  as  possible  it  offered  the 
books  at  the  least  expense  possible,  and  that  none  might  be  deprived  of  the 
benefits  of  the  study  the  board  authorized  the  teachers  to  loan  the  text-book 
in  music  without  charge  to  children  whose  parents  were  in  indigent  circum- 
stances. 

The  law  has  invested  boards  with  very  large  discretionary  powers,  under 
which  they  may  grade  the  schools  and  establish  such  regulations  as  may  seem 
to  them  best  for  the  interest  of  the  entire  school.  The  burden  of  proof  in  this 
case  was  with  the  appellants  to  show  that  the  rule  is  unreasonable,  or  th?,t  in 
obeying  it  their  children  would  suffer  some  hardship.  This  we  think  they 
have  failed  to  do,  and  the  decision  of  the  county  superintendent  is  therefore 

REVERSED. 
HENRY  SABIN, 

February  12,  1894.  Superintendent  of  Public  Instruction. 


ELLA  BENSON  AND  BELLE  ROBERTSON  v.  DIST.  TWP.  OF  SILVER  LAKE. 
Appeal  from  Dickinson  County. 

CONTRACT.     It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity 
of  a  contract. 

COUNTY  SUPERINTENDENT.     Does  not  have  the  power  to  interpret  the  legal  value 
of  a  contract. 

This  case  turns  upon  the  construction  to  be  given  to  a  contract.  The  valid- 
ity of  the  contracts  in  the  sense  claimed  by  the  appellants  is  questioned  and 
denied  by  the  board.  The  teachers  assert  that  said  contracts  are  of  full  force 
for  the  nine  school  months  named  in  the  contracts,  and  the  board  contends  that 
no  authority  was  granted  by  it  to  any  one  to  contract  for  more  than  six  months, 
and  that  therefore  the  contracts  can  have  no  force  beyond  the  term  of  six 
months.  It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  validity  of 


68  SCHOOL  LAW  DECISIONS 

a  contract.  In  the  trial  of  an  appeal  as  soon  as  it  becomes  clearly  apparent 
that  the  principal  issue  is  of  a  kind  intended  by  our  statutes  to  be  heard  and 
determined  only  by  the  courts  of  law,  the  appeal  should  be  dismissed.  As  the 
real  matter  to  be  decided  in  this  case  is  what  the  contracts  actually  are  and 
what  force  must  be  given  to  their  essential  conditions,  it  follows  that  the 
county  superintendent  did  not  err  in  dismissing  the  appeal  for  want  of  juris- 
diction. 

This  case  is  not  parallel  with  Kirkpatrick  v.  The  Independent  District,  etc., 
63  Iowa,  585,  in  which  it  is  held  that  the  remedy  of  a  teacher  wrongfully  dis- 
charged is  appeal,  and  not  an  action  at  once  in  the  courts  to  recover  compen- 
sation. In  the  present  case  the  board  did  not  make  an  order  discharging  these 
two  teachers,  but  it  is  clearly  apparent  that  the  county  superintendent  could 
not  review  that  order  of  the  board  without  proceeding  upon  the  assumption 
that  the  contracts  had  force  and  validity,  and  he  did  not  have  the  power  to 
interpret  the  legal  value  of  the  contract.  We  are  compelled  to  find  that  the 
only  remedy  of  the  appellants  is  an  action  in  a  court  of  law.  The  decision  of 
the  county  superintendent  is  affirmed  and  the  case  DISMISSED. 

HENRY  SABIN, 

August  11,  1894.  Superintendent  of  Public  Instruction. 


SAMUEL  FALLON  v.  INDEPENDENT  DISTRICT  OF  FORT  DODGE. 
Appeal  from  Webster  County. 

ATTENDANCE.     An  actual  resident  may  not  be  denied  equal  school  advantages 
with  other  residents. 

BOARD  OF  DIRECTORS.    May  adopt  its  own  course  to  decide  the  question  of  act- 
ual residence. 

TUITION.     Failing  to  substantiate  a  claim  to  residence,  a  non-resident  may  at- 
tend school  only  upon  such  terms  as  the  board  deems  just  and  equitable. 

In  this  case  the  two  sons  of  the  appellant,  aged  nineteen  and  sixteen  years, 
were  refused  admission  to  the  schools  unless  they  would  pay  tuition.  They 
claimed  to  be  residents  of  the  district  and  that  they  were  entitled  to  the  same 
privileges  as  otner  residents.  Being  denied  admission  they  appealed  to  the 
county  superintendent,  who  affirmed  the  order  of  the  board. 

The  entire  case  turns  upon  the  fact  of  the  residence  of  the  children.  If  a 
board  concludes  that  a  child  is  an  actual  resident,  it  can  not  deny  him  equal 
school  advantages  with  other  residents.  But  if  it  can  not  be  satisfied  that  an 
applicant  is  an  actual  resident,  then  it  is  its  duty  to  make  the  same  require- 
ments that  are  demanded  of  other  scholars  who  may  be  sojourning  temporarily 
in  the  district. 

It  will  be  of  interest  to  inquire  as  to  who  may  decide  definitely  the  question 
of  residence,  and  as  to  the  manner  in  which  the  matter  should  be  considered. 
In  view  of  the  fact  that  the  matter  has  given  a  great  deal  of  trouble  in  a 
number  of  districts,  this  department  has  had  occasion  frequently  to  submit 
questions  involving  some  phases  of  the  subject  to  the  attorney-general  for  his 
official  opinion.  In  one  of  these  opinions  he  uses  the  following  language, 
which  we  think  is  quite  applicable  jn  this  present  case: 


SCHOOL  LAW  DECISIONS  69 

"It  may  be  said  that  it  is  nowhere  provided  in  the  law  what  course  the 
board  of  directors  shall  pursue  in  determining  whether  a  pupil  is  a  resident 
of  the  district,  nor  is  the  board  directed  as  to  the  kind  of  evidence  that  shall 
be  produced,  nor  as  to  the  manner  of  producing  it  in  determining  such  ques- 
tion. In  the  absence  of  such  a  provision  directing  the  board  as  to  its  course 
of  proceeding  in  such  cases  I  think  that  body  may  adopt  any  course  it  sees  fit, 
and  take  any  kind  of  evidence  it  chooses  in  deciding  this  question  of  resi- 
dence. I  think  it  may  make  such  decision  from  its  own  knowledge  of  facts; 
from  the  observations  of  the  members;  from  the  statements,  sworn  or  unsworn, 
of  parties  who  have  knowledge  of  the  facts,  or  from  any  other  fair  and  im- 
partial method  of  obtaining  information  bearing  upon  the  point  at  issue.  I  do 
not  think  the  board  has  power  to  compel  the  attendance  of  witnesses,  or  to 
administer  oaths  to  them;  but  in  gathering  its  information  and  in  deciding 
the  question  it  must  act  in  entire  good  faith  and  with  a  view  to  getting  the 
exact  truth  and  making  its  decision  according  to  the  very  right  of  the  matter." 

It  is  in  evidence  that  the  board  in  this  case  acted  with  deliberation,  and  it 
is  not  claimed  that  it  failed  to  receive  any  testimony  or  statements  that  would 
tend  to  make  a  final  determination  of  the  matter  by  it  any  more  clear  or 
conclusive.  In  reviewing  its  decision  on  appeal  the  county  superintendent 
was  unable  to  find  that  it  had  abused  its  discretion,  had  acted  without  the 
fullest  information  within  its  reach,  or  had  arrived  at  any  other  than  an 
equitable  conclusion. 

This  department  has  continuously  held,  in  interpreting  section  1794,  that 
the  board  is  to  be  satisfied  that  the  residence  of  the  scholar  is  actual.  The 
burden  of  proof  rests  upon  the  child  who  has  recently  come  Into  the  district, 
to  establish  the  fact  of  residence,  before  he  can  be  admitted  to  school  privileges 
free  of  tuition.  Failing  to  convince  the  board  and  to  substantiate  his  claim 
of  residence  he  can  attend  only  upon  such  terms  as  the  board  may  deem  just 
and  equitable. 

In  this  case  we  do  not  find  that  the  county  superintendent  erred  in  affirm- 
ing the  order  of  the  board  requiring  the  children  of  Mr.  Fallon  to  pay  tuition 
as  an  essential  condition  to  attendance.  His  decision  is  therefore 

AFFIRMED. 
HENRY  SABIN, 
September  1,  1894.  Superintendent  of  Public  Instruction. 


G.  O.  ROGNESS  v.  DISTRICT  TOWNSHIP  OF  GLENWOOD. 

Appeal   from  WinnesUieTc   County. 
APPEAL.    Will  lie  from  an  action  of  the  board  which  is  made  a  matter  of  record. 

APPEAL.    May  be  taken  from   the  action  of  the  board  in  laying  the  subject- 
matter  of  a  petition  on  the  table. 

It  appears  that  at  a  meeting  of  the  board,  held  September  17,  1894,  George 
O.  Rogness  presented  a  petition  asking  that  the  board  redistrict  said  township, 
and  also  that  an  extra  school  be  kept  for  four  months  in  a  certain  school  build- 
ing, situated  on  the  farm  of  E.  Bolson.  By  vote  of  the  board  said  petition  was 
laid  on  the  table.  An  appeal  was  taken  to  the  county  superintendent,  who 


70  SCHOOL  LAW  DECISIONS 

dismissed  the  same  on  the  ground  that  no  action  was  taken  by  the  board 
which  could  furnish  the  basis  of  an  appeal.  The  case  comes  now  on  appeal  be- 
fore the  superintendent  of  public  instruction. 

The  only  point  to  be  decided  is  whether  an  appeal  may  be  taken  from  a 
vote  to  lay  on  the  table.  The  words  of  the  law  in  section  1829  are  that  any 
person  aggrieved  by  any  order  or  decision  of  the  board  may  appeal.  The  tran- 
script sent  up  by  the  secretary  in  this  case  reads:  "Moved  and  carried  that  the 
bill  (petition)  of  G.  Rogness  be  laid  on  the  table."  It  must  be  held  that  this 
constitutes  an  action  on  the  part  of  the  board.  The  motion  to  lay  on  the  table 
was  made,  was  voted  upon,  was  declared  carried,  and  is  so  recorded  upon  the 
secretary's  book.  The  above  conclusion  is  in  accord  with  the  unvarying  opinion 
of  this  department  for  a  long  number  of  years. 

It  is  to  be  noted  that  in  the  case  cited  by  counsel  for  the  side  of  the  dis- 
trict, in  71  Iowa,  page  634,  the  supreme  court  does  not  attempt  to  decide  what 
constitutes  an  action.  It  refers  to  cases  in  which  the  board  purposely  intend, 
by  neglect  or  refusal,  to  avoid  taking  an  action  or  making  an  order  or  decision. 
In  the  case  we  are  now  deciding  the  board  made  an  order,  which  the  secretary 
recorded  in  the  minutes,  "that  the  petition  be  laid  upon  the  table."  The  de- 
cision of  Superintendent  Abernethy  (see  S.  L.  Dec.  1892,  page  62),  that  the 
motion  to  lay 'on  the  table  "furnishes  a  convenient  method  of  disposing  of  the 
matter,"  appears  to  be  to  the  point.  The  right  of  the  board  to  make  such  a 
disposition  of  a  case  can  not  be  questioned,  but  it  must  be  regarded  as  an  action 
subject,  like  any  other  action,  to  appeal. 

After  studying  up  carefully  the  precedents  as  established  by  the  rulings  of 
this  department,  and  reading  with  equal  care  the  cases  cited  by  counsel,  we 
can  arrive  at  no  other  conclusion.  The  case  is  reversed,  with  the  suggestion 
to  the  superintendent  that  he  remand  the  case,  in  order  that  the  board  may 
take  such  further  action  as  may  seem  fair  and  just  to  all  concerned. 

REVERSED. 
HENRY  SABIN, 

January   11,   1895.  Superintendent  of  Public  Instruction. 


MARY  GREY  v.  INDEPENDENT  DISTRICT  OF  BOYLE. 
Appeal  from  Iowa  County. 

BOARD  OF  DIRECTORS.     In  locating  a  site  the  board  acts  wisely  in  taking  into 
consideration  the  prevailing  sentiment  of  the  people. 

COUNTY  SUPERINTENDENT.     Should  reverse  the  action  of  the  board  only  upon 
the  clearest  and  most  explicit  proof  of  abuse  of  discretion. 

The  history  of  this  case  is  .not  different  from  that  of  many  others.  The 
schoolhouse  of  the  district  is  unfit  for  use,  and  the  electors  voted,  bonds  to 
build  a  new  one.  By  a  vote  very  nearly  unanimous  they  directed  the  board  to 
locate  the  new  house  on  a  site  160  rods  east  of  the  present  site.  While  we  do 
not  hold  that  this  vote  was  binding  upon  the  board,  it  showed  at  least  the  pre- 
vailing sentiment  of  the  district,  and  the  board  acted  wisely  in  taking  it  into 
consideration  in  selecting  a  new  location.  See  also  case  on  page  75,  S.  L.  Dec. 
1892.  '  - 


SCHOOL  LAW  DECISIONS  71 

As  it  was  not  able  to  purchase  a  site  desired  by  the  electors,  the  board 
chose  one  30  rods  farther  west.  From  this  action  Mrs.  Mary  Grey  appealed. 
The  county  superintendent  reversed  the  .order  of  the  board,  and  appeal  is  taken 
to  the  superintendent  of  public  instruction.  The  transcript  as  sent  up  with  the 
case  reveals  no  new  point  of  law  to  be  considered.  The  proceedings  of  the 
board  were  regular  and  in  accordance  with  the  law.  The  evidence  nowhere 
shows  any  passion,  prejudice,  or  malice  on  the  part  of  the  board.  The  responsi- 
bility of  selecting  the  site  rests  with  the  board,  that  body  having  original  juris- 
diction. See  also  case  on  page  138,  S.  L.  Dec.  1892.  The  county  superintendent 
having  only  appellate  jurisdiction,  should  reverse  its  action  only  upon  the 
clearest  and  most  explicit  proof  of  abuse  of  discretion.  Reference  is  here  made 
to  the  case  of  Edwards  v.  Dist.  Twp.  of  West  Point,  page  22,  S.  L.  Dec.  1892, 
as  presenting  a  very  conclusive  discussion  of  the  principles  involved. 

While  we  always  regret  to  be  compelled  to  disturb  the  decision  >of  a  county 
superintendent,  and  concede  that  in  this  particular  case  the  county  superin- 
tended was  actuated  only  by  the  best  motives,  we  can  not  find  any  such  satis- 
factory proof  that  the  board  erred  as  would  warrant  the  county  superintendent 
in  reversing  its  action.  The  decision  of  the  county  superintendent  is 

REVERSED. 
HENRY  SABIN, 

August  26,  1895.  Superintendent  of  Public  Instruction. 


MARY  GREGORY  v.  W.  A.  McCoRD,  Co.  SUPT. 
Appeal  from  Polk  County. 

COUNTY  SUPERINTENDENT.  Unless  a  marked  abuse  of  discretionary  power  is 
clearly  and  conclusively  proved,  his  action  in  refusing  or  revoking  a  certificate 
will  not  be  interfered  with  on  appeal. 

Section  1767  provides  that  if  the  county  superintendent  is  satisfied  that  an 
applicant  possesses  the  requisite  knowledge  of  the  branches  specified  in  section 
1766,  and  a  good  moral  character,  together  with  the  essential  qualifications  for 
governing  and  instructing  children  and  youth,  then  said  county  superintendent 
shall  grant  a  certificate  to  teach  in  the  schools  of  his  county,  for  a  time  not  to 
exceed  one  year.  If  he  is  not  satisfied  that  the  candidate  is  adequately  quali- 
fied in  every  one  of  these  particulars,  then  the  certificate  may  be  denied. 

Section  1771  provides  that  the  county  superintendent  may  revoke  a  certifi- 
cate for  any  reason  which  would  have  justified  the  withholding  thereof  when 
the  same  was  given,  provided  that  there  shall  be  an  investigation,  of  which 
the  teacher  shall  have  personal  knowledge  and  be  permitted  to  be  present  and 
make  defense. 

It  must  be  left  entirely  to  the  judgment  of  the  county  superintendent  to 
determine  what  are  the  essential  qualifications  for  governing  and  instructing 
children  and  youth.  No  court  will  attempt  to  control  his  discretion  in  this 
matter.  He  may  conclude  that  the  teacher  fails  through  laziness,  moroseness 
of  temper,  want  of  self-control,  or  by  reason  of  some  marked  physical  defect 
concealed  at  the  time  of  examination,  or  any  one  of  many  other  points,  with- 
out in  the  least  impeaching  the  moral  character  of  the  teacher,  or  his  technical 
knowledge  of  the  branches  to  be  taught. 


72  SCHOOL  LAW  DECISIONS 

We  are  compelled  to  hold  that  the  county  superintendent  had  full  and  com- 
plete jurisdiction  of  the  case  at  bar. 

The  law  provides  that  the  teacher  shall  have  the  fullest  opportunity  to 
make  his  defense.  The  county  superintendent  was  decupled  nine  days  in  trying 
this  case.  There  can  be  no  doubt  that  this  provision  of  the  law  was  complied 
with  in  every  particular. 

The  only  other  point  to  be  determined  concerns  the  abuse  of  discretion  on 
the  part  of  the  county  superintendent.  A  careful  review  of  all  the  papers  sent 
up  in  the  transcript  fails  to  show  any  passion,  prejudice  or  malice  on  his  part. 
We  find  that  the  proceedings  were  regular  and  in  accordance  with  the  law. 

The  counsel  for  Mary  Gregory  submits  a  large  number  of  errors  on  the  part 
of  the  county  superintendent,  but  we  can  not  find  that  any  one  of  them  is  vital 
to  the  case.  The  rulings  made  by  the  county  superintendent  have  no  material 
effect  on  the  final  decision  of  the  case,  and  the  exceptions  of  the  plaintiff  are 
passed  over.  Special  reference  is  made  to  the  case  of  Dougherty  v.  Tracy,  page 
17,  S.  L.  Dec.  1892,  in  which  this  whole  subject  is  thoroughly  and  fully  dis- 
cussed by  one  of  the  ablest  men  who  ever  occupied  this  office. 

The  same  discretion  which  the  county  superintendent  has  in  issuing  a  cer- 
tificate he  possesses  in  revoking  it.  The  supreme  court  has  held  that  it  can 
not  control  such  discretion,  or  substitute  its  own  judgment  for  that  of  the 
officer.  See  5*2  Iowa,  111.  It  is  not  for  us  to  say  that  Mary  Gregory  is  or  is  not 
a  fit  person  to  teach  in  the  schools  of  Polk  county.  The  law  vests  that*  right 
in  the  discretionary  power  of  the  county  superintendent,  and  he  must  assume 
the  responsibility.  Unless  a  marked  abuse  of  his  discretionary  power  is  clearly 
and  conclusively  proved,  his  action  in  refusing  or  revoking  a  certificate  will  not 
be  interfered  with  on  appeal.  See  Walker  v.  Crawford,  page  115,  S.  L.  Dec. 
1892. 

After  a  careful  consideration  of  all  the  points  involved,  we  find  no  reason  to 
warrant  reversing  the  action  of  the  superintendent.  AFFIRMED. 

HENRY  SABIN, 

September  26,  1895.  Superintendent  of  Public  Instruction. 


E.  E.  AMSDEN  v.  INDEPENDENT  DISTRICT  OF  MACEDONIA. 
Appeal  from  Pottawattamie  County. 

AFFIDAVIT.  The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  one  interested. 

AFFIDAVIT.     Must  be  accepted,  if  sufficient  to  give  the  appellant  a  standing. 

APPEAL.  Mere  technical  objections  should  not  prevent  the  fullest  presentation 
of  the  merits  of  the  case  in  the  trial  of  an  appeal. 

TESTIMONY.  Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted. 

There  are  certain  facts  in  this  case  concerning  which  there  is  no  disagree- 
ment. The  board  of  directors  contracted  on  the  twenty-sixth  day  of  March, 
1895,  with  E.  E.  Amsden  to  teach  upon  terms  clearly  set  forth  in  the  contract 


SCHOOL  LAW  DECISIONS  73 

as  signed  by  both  parties.  Concerning  the  validity  of  this  contract  there  is 
no  doubt  expressed. 

Upon  the  fifth  day  of  July  the  said  Amsden  had  a  hearing  before  the  board 
upon  definite  and  well  specified  charges.  He  was  duly  notified  of  these 
charges,  was  present  both  himself  and  by  counsel  at  the  time  of  trial,  and  was 
allowed  to  make  his  defense.  The  board  took  time  for  deliberation,  and  finally 
on  the  eighth  day  of  July  made  an  order  annulling  the  contract,  and  in  effect 
discharging  the  teacher.  From  this  decision  Mr.  Amsden  appealed  to  the 
county  superintendent,  who  on  the  third  day  of  September  rendered  a  decision 
dismissing  the  case  on  account  of  the  legal  insufficiency  of  the  affidavit. 

There  are  only  two  -questions  involved.  Was  the  original  affidavit  sufficient 
to  enable  the  county  superintendent  to  assume  jurisdiction  of  the  case?  And 
could  the  affidavit  be  amended  at  the  time  of  trial? 

It  must  be  held  that  the  lapse  of  thirty  days  from  the  making  of  the  order 
sought  to  be  appealed  from  does  not  affect  in  any  way  the  right  of  the  ap- 
pellant to  amend  his  original  affidavit.  If  he  offered  his  amendment  at  the 
time  of  trial  he  complied  with  the  usual  practice.  Whether  the  amendment 
should  be  admitted  depends  upon  its  nature.  If  it  set  up  a  new  and  distinct 
issue,  one  not  involved  in  any  way  in  the  original  affidavit,  then  the  county 
superintendent  should  refuse  to  allow  the  amendment  to  be  made.  See  case 
on  page  141  in  S.  L.  Dec.  1884.  An  amendment  is,  however,  admissible  when 
it  tends  to  correct  mistakes  or  to  make  clearer  or  more  explicit  the  charges 
contained  in  the  original  affidavit.  See  case  on  page  25,  S.  L.  Dec.  1892.  In 
the  case  at  bar  the  amended  affidavit  introduces  no  new  issue  and  does  not  in 
any  way  prejudice  the  rights  of  any  person.  We  think  the  county  superin- 
tendent committed  error  in  refusing  to  admit  the  amendment. 

Now  as  to  the  original  affidavit.  We  do  not  understand  what  is  meant  by 
tue  term  legal  insufficiency.  It  is  to  be  remembered  that  no  very  definite  rules 
have  been  or  can  be  adopted  for  the  trial  of  cases  before  the  county  superin- 
tendent. This  department  has  always  held  that  the  system  of  appeals  was  in- 
tended as  a  speedy  and  inexpensive  method  of  adjusting  school  difficulties.  See 
case  on  page  25,  S.  L.  Dec.  1892.  The  supreme  court  has  held  that  it  "is  abund- 
antly manifest  that  the  legislature  designed  to  afford  an  inexpensive  and  sum- 
mary way  of  disposing  of  these  cases."  See  68  Iowa,  161.  Mere  technicalities 
can  not  be  allowed  to  intervene  to  defeat  the  ends  for  which  the  system  of  ap- 
peals was  instituted. 

The  appellant  sets  forth  in  his  affidavit  that  the  board  acted  through  pas- 
sion and  prejudice,  and  that  he  did  not  have  the  fair  and  impartial  trial  guar- 
anteed to  him  by  section  1734.  On  these  as  well  as  on  other  grievances  set 
forth  in  the  affidavit  the  appellant  has  the  right  to  be  heard  bjefore  the  county 
superintendent,  to  introduce  testimony,  and  to  be  heard,  by  himself  or  his 
counsel. 

The  law  makes  it  obligatory  upon  the  county  superintendent  to  hear  such 
a  case,  to  weigh  carefully  and  without  prejudice  the  evidence  and  the  argu- 
ments, and  to  render  his  decision  in  accordance  with  his  judgment.  This  is 
the  more  important  in  such  cases,  because  the  teacher  has  no  other  remedy  in 
law  of  which  he  can  avail  himself.  Through  some  informality  which  does  not 
in  any  way  affect  the  issues  in  the  case  he  should  not  be  deprived  of  his  right 
of  appeal. 


74  SCHOOL  LAW  DECISIONS 

We  say  nothing  of  the  merits  of  this  case.  We  know  nothing  of  them.  We 
believe  the  affidavit  of  appeal  was  sufficient  to  give  the  appellant  a  standing 
before  the  county  superintendent,  and  that  is  the  only  point  upon  which  we 
are  called  to  pass. 

The  case  is  remanded  to  the  county  superintendent,  with  directions  to  fix  a 
time  of  hearing  the  same  within  fifteen  days  from  the  date  of  this  decision, 
and  to  notify  all  concerned,  that  they  may  be  present. 

REVERSED  AND  REMANDED. 
HENRY  SABIN, 

November  21,  1895.  Superintendent  of  Public  Instruction. 


D.  C.  McKEE  v.  DISTRICT  TOWNSHIP  OF  GROVE. 
Appeal  from  Humboldt  County. 

SUBDISTRICT  BOUNDARIES.  When  an  action  has  been  reversed  by  the  county 
superintendent,  and  that  decision  affirmed  by  the  superintendent  of  public  in- 
struction, the  board  can  not  act  again  until  a  material  change  has  taken  place. 

SCHOOLHOUSE  SITE.     When  purchased  need  not  necessarily  be  upon  a  highway. 

DISCRETIONARY  ACTS.  An  appellate  tribunal  is  not  to  decide  mainly  whether 
the  action  complained  of  was  wise,  or  the  best  that  might  have  been  taken, 
but  simply  whether  a  reversal  is  required  by  the  evidence. 

In  this  case  the  board  on  September  16,  1895,  made  two  orders.  By  the  first 
of  these  it  divided  subdistrict  number  seven  in  said  township  into  two  subdis- 
tricts,  to  be  known  as  number  seven  and  number  nine,  and  established  the 
boundary  line  between  them.  By  the  second  action  it  ordered  the  removal  of 
the  schoolhouse,  now  located  on  section  34,  township  92  north,  range  28  west, 
removed  and  located  on  section  33,  township  92  north,  range  28  west,  on  the 
Sherman  and  Dakota  road,  and  authorized  the  president  to  draw  an  order  for 
the  payment  of  the  same  on  report  of  the  committee. 

From  these  two  actions  D.  C.  McKee  appealed  to  the  county  superintendent, 
who  reversed  both  actions  of  the  board  and  relocated  the  schoolhouse  on  the 
old  site.  From  the  order  removing  the  schoolhouse  D.  C.  McKee  takes  an 
appeal  to  the  superintendent  of  public  instruction.  The  former  action  of  the 
board  dividing  the  subdistrict  and  reversed  by  the  county  superintendent  is 
not  in  the  case.  This  simplifies  the  matter  and  leaves  as  the  only  point  to  be 
considered  the  discretionary  act  of  the  board  in  ordering  the  removal  of  the 
building  to  the  new  site. 

The  district  'as  at  present  constituted  is  four  and  one-half  miles  -from  east 
to  west  in  extreme  length.  The  two  schoolhouses  stand  within  a  mile  of  each 
other. 

There  are  several  points  brought  in  by  the  county  superintendent  and  in  the 
arguments  of  the  attorneys  which  need  but  a  brief  notice.  It  appears  that  at 
a  previous  meeting  of  the  board  it  took  action  removing  the  schoolhouse  to  a 
site  near  the  present  new  site,  which  action  was  reversed  by  the  county  super- 
intendent, and  that  there  has  been  no  material  change  in  the  district  since  that. 
This  does  not  act  as  a  bar  in  any  sense  to  the  present  proceedings.  For  a  full 
discussion  of  this  point  see  P.  O'Connor,  Jr^,  v.  District  Township  of  Badger, 
page  108,  S.  L.  Dec.  1892. 


SCHOOL  LAW  DECISIONS  75 

The  only  case  in  which  the  board  can  not  act  again  without  a  material 
change  is  when  a  former  action  has  been  reversed  by  the  county  superintendent, 
and  on  appeal  to  the  superintendent  of  public  instruction  has  been  affirmed. 
In  the  case  at  bar  the  county  superintendent  reversed  the  action  of  the  board, 
but  appeal  was  not  taken  to  the  superintendent  of  public  instruction. 

Much  stress  has  also  been  laid  upon  the  question  whether  the  road  upon 
which  the  new  site  is  located  is  a  highway  in  the  sense  intended  by  the  law. 
Section  1826  has  reference  to  a  case  in  which  the  board  condemns  a  piece  of 
land  for  schoolhouse  purposes.  But  when  said  site  is  purchased  by  the  board 
the  provisions  of  sections  1825-1826  do  not  apply.  See,  also,  for  a  full  discus- 
sion of  this  point,  case  of  H.  D.  Fisher  v.  District  Township  of  Tipton,  page  86, 
S.  L.  Dec.  1892. 

If  the  site  selected  and  purchased  should  be  inaccessible  it  might  be  a  case 
warranting  the  reversing  of  the  board,  but  in  the  case  at  bar  the  site  pur- 
chased by  the  board  is  on  a  highway,  which  both  parties  acknowledge  has  been 
traveled  more  or  less  for  at  least  nine  years. 

This  leaves  the  only  point  for  consideration  whether  the  board  abused  its 
discretion  in  ordering  the  removal  of  the  schoolhouse.  The  location  of  the 
schoolhouse  is  a  matter  entirely  within  the  discretionary  power  of  the  board. 
Its  action  ought  not  to  be  reversed  by  the  county  superintendent  without  the 
clearest  proof  that  it  has  acted  through  passion  or  prejudice,  or  from  somo 
Improper  motive.  There  is  nothing  in  this  case  whatever  to  show  that  the 
board  was  not  endeavoring  to  do  what  it  believed  to  be  for  the  best  interests 
of  all  the  people  of  the  subdistrict.  The  vote  in  the  board  stood  four  in  favor 
of  removal  and  one  opposed. 

We  can  not  discover  that  there  are  any  reasonable  grounds  for  reversing 
Its  action.  We  are  not  called  upon  to  decide  whether  it  acted  wisely  or  un- 
wisely, but  simply  and  solely  whether  there  is  sufficient  evidence  to  warrant 
the  county  superintendent  in  reversing  its  action  on  the  grounds  of  abuse  of 
discretion.  We  regret  very  much  that  we  are  obliged  to  reverse  the  action  of 
the  county  superintendent,  and  do  not  doubt  that  he  acted  according  to  his 
best  judgment.  We  are,  however,  compelled  to  decide  that  the  board  did  not 
in  any  way  so  abuse  its  discretion  as  to  warrant  an  interference. 

REVERSED. 
HENRY  SABIN, 

February  8,  1896.  Superintendent  of  Public  Instruction. 


HUGH  MCMILLAN  v.  DISTRICT  TOWNSHIP  OF  WAVELAND. 
Appeal  from  Pottawattamie  County. 

BOARD  OF  DIRECTORS.  It  is  the  first  duty  of  a  board  to  co-operate  with  and 
assist  the  teacher  in  the  conduct  of  the  school. 

TEACHER.  A  teacher  may  justly  claim  and  expect  to  receive  the  assistance  and 
advice  of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the 
proper  conduct  of  his  school. 

BOARD  OF  DIRECTORS.  In  exercising  its  power  in  a  semi-judicial  capacity  the 
board  should  be  able  to  show  the  very  best  reasons  for  its  conclusions. 


76  SCHOOL  LAW  DECISIONS 

TEACHER.  It  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  the 
teacher  that  no  one  should  be  discharged  except  after  thorough  investigation 
and  the  clearest  proof.  If  possible,  the  teacher  should  be  shielded  from  the 
Btigma  of  discharge. 

After  a  trial,  conducted  in  accordance  with  law,  the  board,  by  a  vote  of 
three  to  two  in  a  board  of  nine  members,  discharged  the  teacher  for  in- 
competency,  in  accordance  with  the  provisions  of  section  1734.  Hugh 
McMillan  appealed  to  the  county  superintendent,  who  reversed  the  order 
of  the  board.  John  W.  Rush,  president  of  the  board,  appeals  here. 

The  proceedings  of  the  board  in  this  case  were  entirely  regular,  and  it 
is  not  claimed  that  the  law  was  violated  by  it  in  any  particular,  as  to  its 
manner  of  proceeding.  The  question  to  be  determined  by  us  is,  was  the 
county  superintendent  warranted  in  finding  that  the  board  abused  its  dis- 
cretion to  that  extent  to  require  a  reversal  of  its  action  in  discharging  the 
teacher. 

The  testimony  discloses  a  very  undesirable  condition  in  the  school  in  ques- 
tion, as  to  the  matter  of  discipline  and  behavior  of  the  scholars.  The 
testimony  discloses  the  fact  that  many  of  the  older  scholars,  instead  of 
being  an  assistance  to  the  teacher,  and  a  credit  to  themselves  and  their 
parents,  were  insubordinate,  disobedient  and  disrespectful  to  the  teacher. 
The  testimony  also  discloses  that  the  subdirector,  instead  of  assisting  the 
teacher  in  maintaining  discipline  and  good  order  in  the  school,  withheld 
that  support  so  much  needed  by  any  teacher  under  such  circumstances. 
It  is  not  shown  nor  is  it  claimed  that  any  of  the  board  had  visited  the 
school  for  the  purpose  of  aiding  the  teacher  in  enforcing  rules  for  its 
government,  as  it  is  required  to  do  by  the  first  part  of  section  1734.  Nor 
did  the  subdirector  visit  his  school,  as  he  is  required  to  do  by  the  latter 
part  of  section  1756. 

The  testimony  in  the  case  is  to  the  effect  that  after  the  incorrigible 
scholars  were  dismissed  the  teacher  was  much  more  successful  in  his  work. 
We  can  not  find  from  the  testimony  that  the  teacher  failed  in  any  important 
particular  to  attempt  to  do  his  full  duty  by  his  school,  and  to  regard 
equally  the  rights  of  every  scholar.  Under  all  circumstances,  we  think 
it  is  the  first  duty  of  any  board  to  co-operate  with  and  assist  the  teacher 
in  the  conduct  of  his  school.  This  is  the  duty  of  the  local  subdirector  in 
a  peculiar  sense,  as  he  is  in  close  relation  to  his  own  school  and  his  teacher. 
A  teacher  may  justly  claim  and  expect  to  receive,  the  assistance  and  advice 
of  the  board,  and  especially  the  help  of  his  own  subdirector,  in  the  proper 
conduct  of  his  school.  See  case  on  page  135,  S.  L.  Dec.  1892.  It  is  often 
the  case  that  a  little  timely  assistance,  offered  at  the  right  time  and  in 
the  proper  spirit,  will  aid  a  teacher  very  materially  in  maintaining  good 
order  and  discipline  in  his  school,  and  in  preventing  many  difficulties  from 
arising  which  might,  under  a  different  course,  almost  certainly  tend  to  injure 
the  efficiency  of  the  school. 

In  this  case,  two  of  the  five  members  present  at  the  trial  voted  to  dis- 
charge the  teacher,  two  voted  in  the  negative,  leaving  the  casting  vote  with 
the  subdirector  of  the  school,  who,  as  we  have  seen,  was  out  of  sympathy 
with  the  teacher,  and  had  failed  to  afford  his  assistance  to  a  successful 
management  of  the  school.  While  it  is  true  that  in  general  the  discre- 
tionary acts  of  a  board  are  entitled  to  great  weight,  yet  it  is  also  true 
that  in  exercising  its  power  in  a  semi-judicial  capacity,  the  board  should  be 


SCHOOL  LAW  DECISIONS  77 

able  to  show  the  very  best  reasons  for  its  conclusions.  Except  upon  the 
clearest  proof,  and  the  most  convincing  reasons  apparent  to  the  board  that 
the  good  of  the  school  demands  the  discharge  of  the  teacher,  a  teacher 
should  be  shielded  from  the  stigma  of  discharge,  and  the  authority  of 
the  board  and  the  respect  due  the  board  and  its  teachers,  should  be  main- 
tained, by  a  decision  on  the  part  of  the  board  to  assist  and  support  the 
teacher  in  bringing  his  school  to  a  conclusion  as  nearly  as  possible  satis- 
factory to  the  board  and  creditable  to  himself.  The  decision  of  the  county 
superintendent  is  AFFIRMED. 

HENRY    SABIN, 
May  20,  1896.  Superintendent  of  Public  Instruction. 


S.  B.  HEATH  v.  DISTRICT  TOWNSHIP  OF  IOWA. 
Appeal  from  Wright  County. 

COUNTY  SUPERINTENDENT.     On  appeal  may  do  no  more  than  the  board  might 
have  done. 

INDEPENDENT  DISTRICT.     The  boundaries  outside  the  town  plat  depending  upon 
the  petition  of  the  electors,  such  boundaries  may  not  be  fixed  until  petitioned  for. 

This  is  a  case  arising  under  the  amendment  to  section  1800  made  by  the 
Twenty-fifth  General  Assembly.  It  is  the  effect  of  this  amendment  that 
when  a  town  or  village  has  less  than  two  hundred  inhabitants  and  not 
less  than  one  hundred  inhabitants,  the  territory  contiguous  to  such  town 
plat  may  not  be  included  in  the  proposed  independent  town  district  except 
on  a  written  petition  of  a  majority  of  the  electors  residing  upon  such 
territory  outside  the  town  plat. 

In  this  case  the  board  refused  to  fix  the  boundaries  of  a  contemplated 
independent  town  district.  From  its  order  appeal  was  taken  to  the  county 
superintendent,  who  reversed  the  order  of  the  board  and  fixed  the  bound- 
aries of  a  contemplated  independent  district,  but  different  from  the  bound- 
aries asked  for  in  the  petition  presented  to  the  board  from  the  electors 
residing  outside  the  town. 

Without  considering  any  of  the  other  merits  of  the  case  it  becomes 
necessary  to  inquire  whether  the  county  superintendent  might  in  reversing 
the  order  of  the  board,  fix  different  boundaries  than  those  petitioned  for 
by  the  majority  of  the  electors  residing  upon  the  outside  territory.  We 
find  that  the  territory  included  in  the  contemplated  district  by  order  of  the 
county  superintendent  excludes  at  least  four  and  one-half  sections  that  were 
before  included.  Did  the  county  superintendent  have  power  to  fix  different 
boundaries  for  the  outside  territory  from  those  petitioned  for  when  appli- 
cation was  made  to  the  board,  without  first  himself  having  a  written  peti- 
tion from  a  majority  of  the  resident  electors  upon  the  territory  outside  the 
town  which  said  county  superintendent  included  within  the  contemplated 
independent  district?  We  think  he  did  not.  If  our  view  is  correct  it 
is  decisive  of  the  case  and  we  will  be  compelled  to  reverse  the  county 
superintendent's  decision. 

Not  many  cases  have  arisen  under  the  amendment  to  section  1800,  found 
in  chapter  38,  Laws  of  1894.  But  it  seems  to  us  that  there  can  be  no 


78  SCHOOL  LAW  DECISIONS 

doubt  as  to  the  intention  of  the  general  assembly  to  require  that  before 
territory  outside  a  town  or  village  of  over  one  hundred  and  of  less  than 
two  hundred  inhabitants  may  be  included  within  a  contemplated  inde- 
pendent town  district,  a  majority  of  the  electors  must  consent  that  such 
boundaries  may  be  fixed.  Any  other  conclusion  would  seem  to  defeat 
the  purpose  of  the  amendment.  It  is  not  reasonable  to  urge  that  the 
county  superintendent  would  have  greater  power  on  appeal  than  the  board 
would  have. 

It  will  be  noticed  that  this  decision  has  no  reference  whatever  to  the 
merits  of  the  case  as  to  the  boundaries  which  should  be  fixed  for  a  town 
independent  district.  That  matter  is  still  within  the  discretion  of  the 
board  under  the  limitation  of  the  law.  REVERSED. 

HENRY  SABIN, 

August  3,  1896.  Superintendent  of  Public  Instruction. 


LETHA  JACKSON  v.  INDEPENDENT  DISTRICT  OF  STEAMBOAT  ROCK. 
Appeal  from  Hardin  County. 

TEACHER.     Full   opportunity   must   be   afforded   the   teacher    to   make    defense 
against  charges. 

BOARD  OF  DIRECTORS.     Is  required  by  the  law  to  visit  the  school  and  to  aid  and 

sustain  the  teacher  in  maintaining  order  and  discipline. 

TEACHER.     Should  not  employ  unsuitable  and  unusual  methods  of  punishment. 

On  the  twenty-eighth  day  of  November,  1896,  the  board  voted  to  dis- 
charge from  its  employ  Miss  Leth?,  Jackson,  the  teacher  in  the  intermediate 
room  of  its  school.  The  reason,  as  spread  upon  the  record,  is  that  she 
inflicted  inhuman  and  cruel  punishment  upon  her  pupils,  especially  upon 
Minnie  Platts.  An  appeal  was  taken  to  the  county  superintendent,  who 
reversed  the  order  of  the  board.  Appeal  was  then  taken  to  the  superin- 
tendent of  public  instruction. 

There  is  no  doubt  from  the  testimony  sent  up  with  the  transcript  that 
Minnie  Platts  was  insolent  and  disobedient,  and  also  that  the  teacher 
failed  to  control  herself,  and  that  they  engaged  in  an  unseemly  squabble 
.in  the  presence  of  the  school.  It  is  also  evident  that  the  teacher  was 
accustomed  to  use  methods  of  punishment  which  are,  at  the  best,  not 
customary  in  well  disciplined  schools.  Much  of  the  testimony  is  conflict- 
ing, and  that  part  of  it  relating  to  matters  which  occurred  under  a  pre- 
vious contract  can  not  be  allowed  to  have  any  weight  in  determining  this 
case. 

The  contract,  as  placed  in  evidence,  specifies  that  the  teacher  shall  not 
make  use  of  any  cruel  or  unusual  punishment  in  the  discipline  of  the 
school.  Whether  she  violated  the  contract  in  this  respect  is  a  matter 
to  be  determined  by  the -board,  and  in  doing  so  it  may  avail  itself  of  any 
sources  of  reliable  information  within  its  power.  The  notice  sent  to  the 
teacher,  November  23,  1896,  charges  as  follows:  "for  inhuman  and  un- 
justifiable punishment  of  pupils  by  pinching,  pulling  their  ears,  pulling 
their  hair,  and  pounding  their  heads  and  faces  with  your  fists,  and  pound- 
ing tfceir  heads  on  the  wall,  flpor,  and  seats  of  the  schoolroom  with  your 


SCHOOL  LAW  DECISIONS  79 

fists."  November  28th  she  was  notified  by  the  secretary  that  she  was  dis- 
missed from  the  school.  At  a  meeting  of  the  board  held  November  27th, 
the  president  appointed  the  entire  board  an  investigating  committee.  It 
appears  that  it  carried  on  its  investigation  by  questioning  the  pupils  in  Miss 
Jackson's  room,  and  that  its  vote  to  dismiss  her  was  based  entirely  upon 
information  obtained  in  this  way,  as  appears  in  the  records  of  November 
27th.  This  method  placed  the  teacher  at  an  immense  disadvantage.  It 
would  at  least  have  been  just  to  have  examined  these  pupils  in  her  pres- 
ence, and  that  she  should  have  been  allowed  to  correct  their  misstate- 
ments,  if  any,  and  to  give  the  investigating  committee  her  own  account 
or  the  matter.  We  can  not  consider  this  an  impartial  method  of  conducting 
an  investigation  against  a  teacher.  Justice  would  seem  to  demand  that 
she  should  have  been  furnished  a  copy  of  the  findings  of  this  committee, 
and  should  have  been  given  a  reasonable  time  in  which  to  prepare  her 
defense.  The  board  places  on  file  the  unanimous  report  of  this  investigating 
committee  recommending  that  the  teacher  be  discharged.  It,  in  effect, 
finds  her  guilty  and  asks  her  to  show  cause  why  sentence  should  not  be 
pronounced. 

Now,  as  to  Miss  Jackson's  failure  to  appear  before  the  board.  Her 
physician  sent  a  certificate  to  be  read  at  the  first  meeting,  stating  that 
she  was  not  able  to  attend  on  account  of  sickness.  At  the  same  meeting 
her  attorney,  Mr.  Albrook,  in  a  letter,  asks  that  the  board  appoint  Monday 
afternoon  as  a  time  for  hearing  the  case.  It  appears  to  have  been  a 
reasonable  request  and  should  have  been  granted  in  justice  to  all  parties. 
That  Miss  Jackson  sent  her  statement  denying  the  Charges  and  averring 
that  she,  by  her  conduct,  had  given  the  board  no  occasion  to  investigate, 
furnishes  an  additional  reason  and  a  very  strong  one  why  she  should 
have  been  given  the  opportunity  to  be  heard  by  counsel  of  her  own  choos- 
ing. We  do  not  think  that  the  board  intended  by  an  early  adjournment 
to  shut  her  counsel  out  Saturday  night,  but  it  ought  to  have  shown  an 
anxiety  to  have  him  present  if  possible,  in  order  that  it  might  ascertain 
the  very  right  and  justice  of  all  parties  in  the  case.  Miss  Jackson  could 
very  justly  plead  that  her  presence  would  avail  nothing,  after  the  board 
had  before  it  a  report  signed  by  every  member  of  that  tribunal,  saying 
that  she  ought  to  be  dismissed  from  her  school.  The  board  seems  also  to 
have  forgotten  that  the  law  makes  it  its  duty  to  visit  the  school  and  to 
aid  and  sustain  the  teacher  in  her  efforts  to  maintain  order  and  discipline. 
It  has  duties  on  the  side  of  the  teacher  as  well  as  on  that  of  the  pupils  or 
the  community  at  large. 

We  do  not  wish  to  be  understood  as  upholding  a  teacher  in  the  methods 
of  punishment  which  appear  in  this  case.  To  pull  the  hair  or  the  ears 
of  pupils,  or  to  strike  them  with  the  fists,  are  relics  of  another  age  of 
school  government,  and  can  not  be  justified  today.  We  only  reach  the  con- 
clusion that  the  teacher  did  not  have  that  fair  and  impartial  trial  before 
the  board  that  is  contemplated  in  the  law.  Therefore  the  decision  of  the 
county  superintendent  is  AFFIRMED. 

HENRY  SABIN, 

April  7,  1897.  Superintendent  of.  Public  Instruction. 


*  The  teacher's  right  to  recover  for  wrongful   dismissal   in   this   case   was   sus- 
tained in  110  Iowa,   313, 


80  SCHOOL  LAW  DECISIONS 

R.  ODENDAHL  et  aL  v.  DISTRICT  TOWNSHIP  OF  GRANT. 
Appeal  from  Carroll  County. 

APPEAL.     Will  not  lie  from  joint  action  of  boards  making  settlement  of  assets 
and  liabilities. 

COUNTY  SUPERINTENDENT.     Should  dismiss  an  appeal  as  soon  as  it  becomes  cer- 
tain that  the  leading  issue  may  be  heard  and  decided  only  by  a  court  of  law. 

JURISDICTION.     It  is  very  undesirable  to  bring  matters  involving  a  money  con- 
sideration before  the  county  superintendent  on  appeal. 

Certain  territory  in  the  civil  township  of  Grant  and  part  of  the  inde- 
pendent district  of  Carroll  was  restored  to  the  district  township  of  Grant. 
A  settlement  of  assets  and  liabilities  between  the  two  districts  necessarily 
followed.  Robert  Odendahl  and  others  were  aggrieved  with  the  conclusions 
reached  by  the  two  boards,  and  took  an  appeal  to  the  county  superin- 
tendent, who  reviewed  the  questions  presented  to  him,  finding  in  effect 
as  to  the  time  when  the  territory  did  actually  become  a  part  of  the  district 
township  of  Grant,  as  to  the  disposition  of  taxes  during  a  period  when 
the  control  of  such  territory  was  in  controversy,  and  also  whether  the 
agreement  entered  into  by  the  board  should  be  changed  by  him. 

The  first  question  we  are  required  to  consider  is  whether  the  county 
superintendent  had  jurisdiction  to  hear  the  case.  If  we  find  that  he  did 
not  have  jurisdiction,  it  will  of  course  be  impossible  for  us  to  review  the 
questions  he  determined,  and  we  shall  be  compelled  to  dismiss  the  case 
for  want  of  jurisdiction. 

It  has  been  the  uniform  opinion  of  this  department  that  appeal  will 
not  'lie  from  the  joint  action  of  boards  in  making  the  settlement  of  assets 
and  liabilities  required  by  section  1715,  but  that  the  only  remedy,  if  the 
law  affords  relief,  would  be  an  action  in  court  to  protect  the  rights  of 
me  persons  complaining.  In  order  that  the  matter  might  be  more  authori- 
tatively determined,  so  that  this  case  may  be  a  guide  to  school  officers, 
^e  su omitted  an  inquiry  to  the  attorney-general,  and  quote  briefly  from 
his  reply: 

"Your  favor  came  duly  to  hand,  requesting  my  opinion  upon  the  follow- 
ing question: 

"When  the  two  boards  have  made  a  division  of  assets  and  liabilities, 
under  section  1715  of  the  code,  will  a  person  claiming  the  settlement 
to  be  inequitable  and  insufficient  as  to  the  amount  agreed  upon  have  the 
right  to  appeal  to  the  county  superintendent  from  such  agreement,  that 
is,  from  such  joint  action  of  the  boards  taken  as  provided  in  section  1715, 
will  an  appeal  lie? 

"The  section  in  question  provides  that  the  respective  boards  shall  make 
an  equitable  division  of  the  then  existing  assets  and  liabilities  between  the 
old  and  the  new  districts;  it  also  provides  that  in  case  of  the  failure  to  agree 
the  matter  may  be  decided  by  arbitrators  chosen  by  the  parties  in  interest. 
It  has  been  held  by  our  supreme  court  that  under  this  section  the  boards 
of  directors  become  a  special  tribunal  for  the  determination  of  the  re- 
spective rights  of  the  parties.  And  it  is  held  that  this  tribunal  thus  con- 
stituted has  exclusive  jurisdiction.  The  action  of  the  special  tribunal, 


SCHOOL  LAW  DECISIONS  81 

consisting  of  the  several  boards  of  directors,  is  not  the  action  or  order  of 
a  board  of  directors,  but  an  order  of  a  special  court  for  the  determination 
of  the  rights  of  the  several  new  districts  with  reference  to  the  assets  and 
liabilities  of  the  old  district  of  which  they  formed  a  part.  The  statute 
does  not  give  an  appeal  from  such  tribunal.  My  conclusion  is  that  a  right 
of  appeal  does  not  exist  and  a  person  claiming  the  settlement  to  be  in- 
equitable has  no  right  of  appeal  to  the  county  superintendent." 

The  opinion  of  the  attorney-general  is  decisive  of  the  case.  We  think 
there  are  many  added  reasons  why  questions  of  this  kind  should  not  be 
heard  on  appeal  before  the  county  superintendent.  That  officer  should  not 
be  compelled  to  review  matters  involving  the  jurisdiction  over  territory, 
the  disposition  of  taxes,  or  the  right  and  justice  of  finding  of  boards  upon 
a  settlement  of  assets  and  liabilities.  But  these  a  court  may  very  prop- 
erly do,  as  its  jurisdiction  for  such  purposes  is  not  questioned,  and  the  preced- 
ents for  the  control  of  the  courts  over  this  class  of  cases  are  well  estab- 
lished. It  is  very  undesirable  to  attempt  to  bring  matters  involving  a 
money  consideration  before  the  county  superintendent  on  appeal.  As  soon 
as  it  becomes  clearly  apparent  that  the  principal  issue  is  of  a  kind  intended 
by  our  statutes  to  be  heard  and  determined  only  by  the  courts  of  law,  the 
appeal  should  be  dismissed.  In  this  case  it  was  the  duty  of  the  boards 
interested  to  make  a  proper  settlement.  If  fraud  or  other  irregularity 
was  urged,  perhaps  a  court  would  afford  relief  to  a  complainant,  but  an 
appeal  to  the  county  superintendent  would  not  become  a  remedy. 

We  are  compelled  to  remand  this  case  to  the  county  superintendent 
with  instructions  to  dismiss  the  case  for  lack  of  jurisdiction.  DISMISSED. 

HENRY  SABIN, 

June  16,  1897.  Superintendent  of  Public  Instruction. 


C.  M.  BAXTER  v.  SCHOOL  TOWNSHIP  OF  BEAB  GROVE. 
Appeal  from  Cass  County. 

PUBLIC  RG^D  TO  SCHOOLHOUSE.     The  beard  is  bound  to  carry  out  the  vote  of  the 
electors  in  the  matter  of  opening  roads  to  schoolhouses. 

ABUSE  OF  DISCRETION.     The  board  may  not  substitute  its  own  discretion  for  the 
clearly  expressed  instruction  of  the  electors. 

At  their  regular  meeting,  on  the  second  Monday  in  March,  1897,  the 
electors  voted  a  schoolhouse  tax  of  $200  and  instructed  the  board  to  open 
an  east  and  west  road  to  intersect  a  north  and  south  road  which 
give  Mr.  Baxter  access  by  the  public  road  to  his  schoolhouse.  Instead 
of  carrying  into  effect  the  vote  of  the  electors,  the  board  took  steps  to 
secure  a  different  road,  and  from  their  action  in  so  doing  appeal  was  taken 
to  the  county  superintendent,  who  reversed  the  order  of  the  board,  finding} 
laat  the  board  should  have  attempted  in  good  faith  to  carry  out  the  ex- 
pressed wish  of  the  electors.  The  board  appeals  here. 

It  is  shown  in  the  testimony,  and  it  is  not  denied,  that  the  board  thought 
best  to  attempt  to  secure  the  cheapest  road  possible,  in  order  to  provide 
a  way  by  which  Mr.  Baxter  could  reach  the  schoolhouse.  The  real  question 

a 


82  SCHOOL  LAW  DECISIONS 

in  this  case,  and  the  one  which  the  county  superintendent  was  compelled 
to  determine,  was  whether  the  board  committed  error  in  its  discretion. 
From  a  careful  examination  of  the  entire  case  we  must  conclude  that  the 
county  superintendent  made  no  mistake  in  determining  that  it  is  the  duty 
of  the  board  to  make  a  strenuous  effort  to  fulfill  the  intention  of  the 
electors.  We  think  it  was  the  duty  of  the  board  to  carry  into  execution 
the  vote  of  the  electors,  if  possible  to  do  so,  and  if  not  possible,  the  attempt 
should  have  been  made,  and  the  matter  then  referred  back  to  the  electors 
for  further  instructions.  See  first  part  of  section  2778  and  first  division 
of  syllabus  in  appeal  case  on  page  17  S.  L.  Decisions  1897.  We  think  it 
was  not  within  the  .power  of  the  board  to  substitute  its  own  discretion 
for  the  clearly  expressed  instruction  by  the  electors. 

It  K  clear  that  the  electors  intended  to  provide  relief  for  Mr.  Baxter. 
This  could  be  done  only  by  providing  him  with  a  public  highway  upon 
which  his  children  could  reach  school.  This  matter  is  of  such  importance 
to  Mr.  Baxter,  and  the  vote  of  the  electors  providing  the  means  by  which 
the  road  was  to  be  secured  was  so  definite,  that  we  feel  compelled  to  sug- 
gest to  the  electors  that  at  their  annual  meeting  on  next  Monday,  the 
fourteenth  day  of  this  month,  they  indicate  still  more  clearly  their  desires 
in  the  matter,  and  that  they  instruct  the  board  what  further  steps  shall 
be  taken  by  the  board.  As  indicated,  we  can  see  no  reason  to  interfere 
with  the  finding  of  the  county  superintendent  and  his  decision  is  therefore 

AFFIRMED. 
RICHARD  C.  BARRETT, 

Des  Moines,  March  9,  1898.  Superintendent  of  Public  Instruction. 


JOHN  MARTIN  v.  SCHOOL  TOWNSHIP  OF  .BAKEB. 
Appeal  from  Guthrie  County. 

NOTICE  OF  APPEAL.  The  superintendent  of  public  instruction  may  not  entertain 
an  appeal  unless  thirty  days'  notice  of  such  appeal  has  been  served  upon  the 
adverse  party. 

COSTS.  Before  an  appeal  from  the  order  of  the  county  superintendent  taxing 
costs  can  be  entertained  by  the  superintendent  of  public  instruction,  a  motion  to 
retax  such  costs  should  be  filed  with  the  county  superintendent. 

The  question  involved  in  this  case  is  the  taxing  of  costs.  In  1897  John 
Martin  petitioned  the  board  of  directors  of  the  school  township  of  Baker 
for  a  school  for  the  accommodation  of  his  ten  children.  The  board  re- 
fused to  grant  the  request  of  the  petitioner.  Appeal  was  taken  to  the 
county  superintendent,  who  affirmed  the  action  of  the  board.  In  rendering 
his  opinion,  the  county  superintendent  taxed  the  costs,  amounting  to  $30.75, 
to  appellant  Martin.  From  the  action  of  the  county  superintendent  Martin 
appeals  to  this  department. 

Counsel  for  appellee  moves  the  dismissal  of  the  appeal  for  the  following 
reasons:  First,  that  notice  of  appeal  was  not  given  as  is  required  by 
section  2820  of  the  code  of  Iowa,  Second,  that  all  of  the  record  in  the 
case  was  not  certified  to  this  department  by  the  county  superintendent,  and 
for  tuat  reason  tfce  department  should  refuse  to  consider  or  entertain  toe 


SCHOOL  LAW  DECISIONS  83 

appeal.  Third,  that  the  record  nowhere  discloses  that  the  county  super- 
intendent, before  whom  the  appeal  was  tried,  ever  had  opportunity  or 
occasion  to  pass  upon  the  question  of  taxation  of  costs,  that  no  motion  or 
request  was  made  for  him  to  retax.  Fourth,  that  said  appeal  from  decision 
of  county  superintendent  was  taken  too  late. 

The  question  to  be  determined  is  whether  this  department  has  juris- 
diction to  hear  the  case.  Section  2820  provides  that  "thirty  days'  notice 
of  the  appeal  shall  be  given  by  the  appellant  to  the  county  superintendent 
and  also  to  the  adverse  party." 

There  is  nothing  in  the  transcript  to  show  that  this  notice  was  served 
either  on  the  county  superintendent  or  the  adverse  party.  For  many  years 
It  has  been  the  holding  of  the  supreme  court  of  the  state  of  Iowa  that 
appeal  can  only  be  taken  by  serving  a  written  notice  upon  the  adverse 
party  or  his  attorney,  and  the  clerk.  In  the  74th  Iowa  the  court  rules 
that  service  of  notice  of  appeal  is  essential  to  give  a  court  jurisdiction 
of  the  case  and  that  fact  must  be  shown  by  the  record.  A  recent  general 
assembly  makes  similar  provisions  applicable  in  cases  of  appeal  to  this 
department. 

While  it  is  true  that  only  a  partial  record  is  presented,  we  are  of  the 
opinion  that  the  transcript  is  sufficiently  complete  to  enable  us  to  pass 
upon  the  question  raised.  By  this  we  would  not  be  understood  as  favoring 
the  certification  of  only  a  part  of  the  transcript,  in  case  of  appeal.  In 
regard  to  the  taxating  of  costs,  the  code  of  1897  provides  that  in  all  mat- 
ters triable  before  him  the  county  superintendent  "shall  have  power  to 
issue  subpoenas  for  witnesses  which  may  be  served  by  any  peace  officer, 
compel  the  attendance  of  those  thus  served,  and  the  giving  of  evidence 
by  them,  in  the  same  manner  and  to  the  same  extent  as  the  district  court 
may  do,  and  such  witnesses  and  officers  may  be  allowed  the  same  com- 
pensation as  is  paid  for  like  attendance  or  service  in  such  court,  which 
shall  be  paid  out  of  the  contingent  fund  of  the  proper  school  corporation, 
upon  a  certificate  of  the  superintendent  to  and  warrants  of  the  secretary 
upon  the  treasurer;  but  if  the  superintendent  is  of  the  opinion  that  the  pro- 
ceedings were  instituted  without  reasonable  cause  therefor,  or  if,  in  case 
of  an  appeal,  it  shall  not  be  sustained,  he  shall  enter  such  findings  in  the 
record,  and  shall  tax  all  costs  to  the  party  responsible  therefor.  A  tran- 
script thereof  shall  be  filed  in  the  office  of  the  clerk  of  the  district  court 
and  a  judgment  entered  thereon  be  made,  which  shall  be  collected  as 
other  judgments." 

The  question  of  costs  is  one  entirely  new  to  this  department.  Prior  to 
October  1,  1897,  any  one  aggrieved  by  the  order  or  decision  of  a  board  of 
directors  could,  without  cost,  appeal  to  the  county  superintendent  and 
again  to  the  superintendent  of  public  instruction. 

The  provisions  of  the  law  are  plain.  If  the  county  superintendent  is  of 
the  opinfon  that  the  proceedings  were  instituted  without  reasonable  cause,  or 
the  case  be  not  sustained  on  appeal,  he  shall  tax  all  costs  to  the  party  re- 
sponsible therefor.  A  careful  study  of  the  case  reveals  no  error  on  the 
part  of  the  county  superintendent.  The  costs  appear  to  have  been  taxed 
and  filed  as  required  by  the  statute.  Any  person  aggrieved  might,  upon 
application,  have  had  the  same  retaxed  and  all  errors  corrected. 

Counsel  for  appellant  argues  that  the  question  at  bar  was  presented 
informally  to  the  county  superintendent,  who  overruled  ftis  objections, 


84  SCHOOL  LAW  DECISIONS 

after  having  considered  the  same.  An  additional  transcript  of  the  pro- 
ceedings filed  by  the  county  superintendent,  substantiates  the  claim  of 
counsel  but  nullifies  the  force  of  it  by  stating  "that  no  formal  or  written 
objection  to  the  taxing  of  said  costs  were  filed  by  said  appellant,  nor  any 
motion  to  retax  said  costs."  In  the  101  Iowa,  case  of  John  Roane,  ap- 
pellant, vs.  J.  A.  Hamilton  et  al.,  involving  the  question  of  costs,  the 
supreme  court  .held  that  since  no  motion  was  made  in  the  district  court  to 
retax  costs,  no  consideration  would  be  given  the  matter  by  the  supreme 
court.  It  can  not,  we  think,  be  contended  reasonably  that  rules  of  court 
practice,  so  far  as  applicable,  should  not  be  followed  in  matters  triable 
before  this  department.  A  failure  on  appellant's  part  to  avail  himself  of 
his  legal  rights  may  not  wisely  be  overlooked  here. 

In  regard  to  the  time  in  which  appeal  may  be  taken,  the  law  provides 
that  thirty  days'  notice  shall  be  given.  The  transcript  shows  that  the  case 
was  heard  -by  the  county  superintendent,  January  7,  1898.  The  affidavit 
of  appeal  was  received  by  special  delivery  Sunday,  February  6,  and  filed 
Monday,  February  7,  1898.  We  think  appeal  was  taken  in  time,  since  in 
computing  time,  the  first  day  shall  be  excluded  and  the  last  day  included, 
unless  the  last  day  falls  on  Sunday,  in  which  case  the  time  prescribed 
shall  be  extended  so  as  to  include  the  whole  of  the  following  Monday.  Code, 
section  48,  sub-section  23. 

While  the  counsel  for  appellee  does  not  refer  to  the  fact,  we  find  in  addition 
to  the  foregoing  that  the  affidavit  of  appeal  presented  is  defective  in  this,  that 
the  notary,  before  whom  appellant  was  sworn,  failed  to  attach  notarial  seal. 
This,  however,  has  not  been  considered  irremediable  in  the  consideration  of  the 
appeal. 

After  having  carefully  considered  the  whole  matter,  we  are  of  the  opinion 
that  the  case  is  not  legally  before  us,  since  the  transcript  fails  to  show  service 
of  proper  notice  and  a  motion  to  retax  costs. 

The  legality  of  this  department  entertaining  any  appeal  in  which  a  money 
consideration  is  the  principal  issue  is  seriously  questioned.  Certainly  neither 
the  county  nor  the  state  superintendent  is  authorized  to  render  judgment  for 
money.  Acts  of  these  officers  are  held  by  the  courts  to  be  ministerial,  and  not 
judicial.  To  burden  this  office  with  the  adjustment  of  affairs  involving  such 
considerations  as  can  best  and  only  be  determined  finally  by  the  courts  is,  from 
our  point  of  view,  to  place  unnecessary  and  unproductive  labor  upon  the  depart- 
ment. DISMISSED. 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  May  26,  1898.          Superintendent  of  Public  Instruction. 


THOMAS  HUDGENS  v.  INDEPENDENT  DISTRICT  No.  TEN,  CEDAR  FALLS  TOWNSHIP. 

» 
Appeal  from  Black  Hawk  County. 

DISCHARGE  OF  TEACHER.  A  teacher  can  not  be  discharged  by  the  board  except 
after  a  full  and  fair  investigation. 

SPECIAL  MEETING.  A  meeting  of  the  board,  called  for  no  specific  purpose  and 
of  which  the  teacher  was  not  served  with  due  and  proper  notice,  could  not 
legally  discharge  such  teacher. 


SCHOOL  LAW  DECISIONS  $5 

DEFENSE.  The  teacher  is  entitled  to  a  reasonable  time  to  prepare  for  and  make 
his  defense.  The  refusal  of  the  board  to  grant  a  teacher  a  single  day's  time 
in  which  to  make  such  defense  is  not  only  an  abuse  of  discretion  but  a  viola- 
tion of  law. 

On  the  third  day  of  January,  1898,  Thomas  Hudgens,  a  teacher  in  Independ- 
ent District  Number  Ten,  Cedar  Falls  Township,  was  dismissed  by  a  majority 
vote  of  the  board.  From  the  action  of  the  board  he  appealed  to  the  county 
superintendent,  who  affirmed  the. order  of  the  board.  From  his  decision  appeal 
is  taken  to  this  department. 

Section  2782,  laws  of  Iowa,  concerning  the  dismissal  of  the  teacher,  is  as 
follows:  "It  may  by  a  majority  vote  discharge  any  teacher  for  incompetency, 
inattention  to  duty,  partiality,  or  any  good  cause,  after  a  full  and  fair  investi- 
gation made  at  a  meeting  of  the  board,  held  for  that  purpose,  at  which  the 
teacher  shall  be  permitted  to  be  present  and  make  defense,  allowing  him  a 
reasonable  time  therefor." 

Did  appellant  have  a  fair  trial?  Was  the  meeting  held  for  the  purpose  of 
discharging  the  teacher  or  giving  a  full  and  fair  investigation?  Did  the 
teacher  have  a  reasonable  time  to  make  defense? 

In  his  decision  the  county  superintendent  says:  "Then  from  the  minutes  of 
the  school  board  as  kept  by  the  secretary,  January  3rd,  we  must  determine 
what  occurred  at  this  meeting:"  If  the  correctness  of  the  record  were  unques- 
tioned this  would  be  true. 

In  the  case  of  Appleton  Park  v.  Independent  District  of  Pleasant  Grove,  this 
department  held  that  "the  fact  that  the  transcript  referred  to  is  not  certified 
to  by  the  secretary,  and  the  further  fact  that  he  was  not  present  at  the  board 
meeting  in  question,  and  wrote  the  minutes  as  dictated  from  memory  by  the 
president  of  the  board,  three  days  after  the  meeting,  fully  justified  the  superin- 
tendent in  ruling  it  out  and  in  admitting  parol  evidence."  The  testimony  of  the 
secretary  of  the  board  is  to  the  effect  that  the  original  notes  made  by  himself 
at  the  time  of  the  discharge  of  the  teacher  were  destroyed;  that  the  notes  from 
which  the  certified  transcript  was  made  were  written  days  after  the  meeting. 
His  further  testimony,  which  is  not  denied,  is  that  the  record  of  the  meeting 
as  finally  certified  to  the  county  superintendent  was  written  by  himself,  aided  by 
the  president  and  another  member  of  the  board,  after  appeal  was  taken  to  the 
county  superintendent.  A  record  of  such  a  character  "made  in  view  of  appeal" 
can  scarcely  be  said  to  be  its  own  best  evidence. 

In  his  decision  the  county  superintendent  quotes  a  former  opinion  of  this 
department  to  this  effect:  "The  discharge  of  a  teacher  is  largely  within  the 
discretionary  power  of  the  board.  It  is  to  guard  the  rights  of  the  school,  as 
well  as  the  rights  of  the  teacher.  After  a  full  and  fair  investigation  it  is  its 
duty  to  act  as  it  deems  best  under  all  circumstances  of  the  case.  This  being 
the  case,  it  is  the  duty  of  the  county  superintendent  not  to  interfere  with  the 
action  of  the  board  unless  he  is  convinced  that  it  in  some  way  abused  its  dis- 
cretion. He  is  right  in  sustaining  the  board  even  though  as  an  individual  he 
would  have  preferred  some  other  action  on  his  part." 

In  the  case  at  bar  did  the  board  make  that  full  and  fair  investigation  con- 
templated? We  think  not.  The  evidence  submitted  reveals  many  irregular- 
ities on  the  part  of  the  board.  The  meeting  was  not  called  for  a  specific  pur- 
pose. Appellant  was  not  served  with  due  and  proper  notice.  The  law  pro- 
vides that  a  reasonable  time  shall  be  given  the  teacher  in  which  to  make  his 


86  SCHOOL  LAW  DECISIONS 

defense.  Appellant's  request  for  a  single  day's  time  was  refused.  In  fact,  ac- 
cording to  the  president's  own  testimony,  no  investigation  took  place. 

The  school  may  not  have  been  as  ably  conducted  as  the  board  desired,  or  in 
accordance  with  the  particular  views  of  the  different  members,  but  we  can  not 
approve  of  the  action  of  the  board  in  discharging  the  teacher  without  first  mak- 
ing that  full  and  fair  investigation  contemplated  by  the  statute.  A  teacher  is 
the  employe  of  the  board  and  as  such  is  entitled  to  its  co-operation  and  sup- 
port. For  certain  causes  the  teacher  may  be  discharged,  but  only  after  charges 
preferred  have  been  carefully  and  impartially  investigated.  We  have  given 
the  case  unusual  attention  and  are  forced  to  the  conclusion  that  the  teacher 
was  not  accorded  that  investigation  which  the  law  intends.  The  decision  of 
the  county  superintendent  is  REVERSED. 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  June  23,  1898.          Superintendent  of  Public  Instruction. 


R.  A.  KLETZING  v.  THE  INDEPENDENT  DISTRICT  OF  MONTOUR. 
Appeal  from  Tama  County. 

DISCHARGE  OF  TEACHER.  The  action  of  the  board  in  discharging  a  teacher, 
after  a  full  and  fair  investigation,  will  not  be  reversed  unless  it  is  clearly 
shown  that  the  board  violated  the  law,  abused  its  discretion,  or  acted  with 
manifest  injustice. 

COUNTY  SUPERINTENDENT.  The  county  superintendent  has  only  appellate  juris- 
diction, and  should  sustain  the  action  of  the  board  unless  it  be  clearly  shown 
that  they  violated  law  or  abused  their  discretion. 

On  February  14th,  J.  D.  Booher,  resident  of  Montour,  filed  with  the  secre- 
tary of  the  school  corporation  a  complaint  charging  the  principal,  R.  A.  Kletz- 
ing  with  incompetency,  partiality,  the  infliction  of  inhuman  and  cruel  punish- 
ment and  general  inability  to  govern  the  school  over  which  he  had  supervision. 

The  record,  which  is  unquestioned,  shows  that  a  notice  of  the  hearing  was 
served  on  the  appellant  and  the  time  fixed  for  the  nineteenth  day  of  February, 
at  which  time  all  parties  interested  appeared.  Appellant  was  represented  by 
his  attorney  who  filed  a  general  statement  denying  charges  preferred.  Affi- 
davit of  appellant  was  also  filed  claiming  that  the  board  had  negligently  or 
willfully  refrained  from  visiting  the  school  or  in  any  manner  advised  with  or 
directed  appellant  in  his  conduct  and  management  of  the  school.  The  hearing 
was  concluded  on  February  26th  and  appellant  was  discharged  by  the  unani- 
mous vote  of  the  board.  Appeal  was  then  taken  to  the  county  superintendent 
who  reversed  the  board.  The  board  appeals  to  this  department. 

As  it  appears  to  us,  the  question  to  be  determined  is  of  sound  judgment  and 
discretion  and  not  of  law.  Should  it  appear  that  the  county  superintendent 
opposed  his  judgment  to  the  judgment  of  the  board,  there  is  but  one  course  for 
an  ultimate  tribunal  to  pursue. 

It  is  the  earnest  desire  of  this  department  to  sustain  decisions  of  county 
superintendents.  Their  official  acts  and  the  correctness  of  their  views  will  not 
be  set  aside  unless  for  cause.  A  similar  principle  should  be  held  by  county 
superintendents  when  called  upon  to  pass  upon  the  decisions  or  orders  of  boards 
pf  directors. 


SCHOOL  LAW  DECISIONS  87 

For  almost  a  third  of  a  century  it  has  been  the  holding  of  this  department 
that  discretionary  action  of  a  board  should  be  affirmed  on  appeal,  unless  by  the 
evidence  it  is  clearly  proven  that  the  board  violated  law  or  abused  its  discre- 
tion. "If  there  is  reasonable  doubt  the  board  is  entitled  to  its  benefits.  The 
action  of  the  board  may  not  be  wholly  approved  by  the  judgment  of  the  county 
superintendent,  but  if  it  be  not  illegal  or  clearly  unjust,  it  should  be  sustained." 
See  Edwards  et  al.  v.District  Township  of  West  Point,  School  Law  Decisions 
of  1884. 

The  county  superintendent  is  a  court  of  appellate  jurisdiction  and  is  com- 
pelled to  sustain  the  action  of  boards  unless  the  evidence  clearly  indicates  that 
they  have  violated  law,  acted  with  passion  or  prejudice,  or  with  manifest  in- 
justice, or  abused  their  discretion. 

In  the  case  before  us  we  are  inclined  to  the  opinion  that  the  superintendent 
passed  upon  the  case  as  though  he  had  original  instead  of  appellate  jurisdic- 
tion, and  failed  to  give  due  consideration  to  the  discretionary  power  granted 
school  boards. 

The  power  to  discharge  a  teacher  is  conferred  upon  boards  of  directors  by 
section  2782,  which  in  part  reads  as  follows:  "It  may  by  a  majority  vote  dis- 
charge any  teacher  for  incompetency,  inattention  to  duty,  partiality,  or  any 
good  cause,  after  a  full  and  fair  investigation  made  at  a  meeting  of  the  board 
held  for  that  purpose,  at  which  the  teacher  shall  be  permitted  to  be  present  and 
make  defense,  allowing  him  a  reasonable  time  therefor." 

Affiant,  in  appealing  to  the  county  superintendent,  alleges  that  he  was  not 
accorded  a  full  and  fair  investigation.  In  reversing  the  board  the  county  super- 
intendent so  found  and  assigned  as  a  reason  that  Mr.  Stevens,  president  of  the 
board,  appeared  as  the  prosecuting  attorney. 

We  can  not  concur  with  the  view  expressed  by  the  county  superintendent 
that  appellant  was  not  given  a  fair  trial.  That  the  board  gave  the  case  care- 
ful thought  is  shown  by  the  fact  that  the  hearing  occupied  nearly  all  of  a  week. 
Appellant  was  given  every  opportunity  to  prepare  for  his  defense,  to  call  wit- 
nesses, and  was  ably  represented  by  his  attorney.  So  far  as  we  have  been  able 
to  learn  from  the  transcript,  which  appears  to  be  complete,  it  is  not  shown 
that  malice  or  prejudice  was  exhibited  on  the  part  of  any  member  of  the  board. 
The  fact  that  Mr.  Stevens,  the  president  of  the  board,  is  an  attorney,  may  not 
be  considered  prejudicial.  Naturally,  as  president,  he  would  be  expected  to 
lead  in  the  investigation  of  complaints,  since  in  cases  of  this  kind  the  board  may 
not  employ  counsel. 

The  claim  that  the  board  had  negligently  or  willfully  refrained  from  visit- 
ing the  school  or  advising  with  the  teacher,  is  worthy  of  most  careful  con- 
sideration. It  is  the  duty  of  the  board  to  aid  teachers  in  the  government  and 
management  of  schools;  to  counsel  with  them  and  co-operate  in  the  promotion 
of  all  the  educational  interests  of  the  district.  It  does  not  appear  that  members 
made  regular  and  frequent  visits  to  the  school,  but  that  general  interest  was 
manifested  and  a  desire  shown  on  the  board's  part  to  strengthen  the  schools  is 
evidenced  by  the  fact  that  the  course  of  study  was  revised,  rules  for  the  govern- 
ment of  teachers  and  pupils  adopted,  and  consultations  held  by  members  of 
the  board  with  the  principal. 

In  his  decision,  the  county  superintendent  finds  that  appellant  Kletzing  was 
obstinate  and  worked  in  opposition  to  the  board  of  directors;  that  his  punish- 
ment of  pupils  was  open  to  severe  criticism;  that  he  was  disliked;  that  he  did 


88  SCHOOL  LAW  DECISIONS 

not  give  satisfaction;  that  a  very  undesirable  condition  existed;  and  that  he 
did  not  exercise  that  judgment  necessary  to  carry  on  the  school  harmoniously 
and  without  friction.  The  evidence  clearly  sustains  the  above  enumerated  find- 
ings. The  opinion  of  the  county  superintendent  is  •  REVERSED. 

RICHARD  C.  BARRETT, 
Superintendent  cf  Public  Instruction. 
Des  Moines,  Iowa,  September  10,  1898. 


J.  L.  MUNN  v.  SCHOOL  TOWNSHIP  OF  SOAP  CREEK. 

INDEPENDENT  DISTRICT  BOUNDARIES.  The  provision  of  section  2794  of  the 
Code,  requiring  the  board  of  a  school  township,  upon  proper  petition,  to  establish 
the  boundaries  of  a  proposed  independent  district,  is  mandatory. 

BOUNDARIES.  Must  include  all  of  the  city,  town  or  village,  and  also  such  con- 
tiguous territory  as  is  petitioned  for  by  a  majority  of  the  resident  electors. 

COUNTY  SUPERINTENDENT.  On  appeal  the  county  superintendent  can  make  such 
order  touching  the  boundaries  as  the  board  should  have  made. 

TIME.  The  time  in  which  to  take  the  initiatory  steps  to  form  an  independent 
district  is  not  fixed  by  the  statute. 

COMPLETION.  The  provision  of  section  2796,  "that  the  organization  of  such  in- 
dependent district  shall  be  effected  on  or  before  the  first  day  of  August  of  the 
year  in  which  it  is  attempted,"  is  directory  and  has  special  reference  to  the 
levying  of  taxes.  It  does  not  apply  where  by  reason  of  an  appeal  to  the  county 
superintendent,  or  to  the  superintendent  of  public  instruction  the  completion  is 
not  effected  until  after  such  date. 

ELECTION.  The  boundaries  having  been  fixed,  it  is  the  duty  of  the  board  to  give 
notice  of  a  meeting  of  the  voters  of  the  territory  included  in  the  proposed  dis- 
trict. 

MANDAMUS.  Should  the  board  fail  or  refuse  to  give  the  required  notice  of  elec- 
tion, they  may  be  compelled  to  do  so  by  mandamus. 

ELECTORS.  The  electors  are  the  sole  and  final  judges  of  the  desirability  of  a 
separate  organization. 

This  case  relates  to  the  formation  of  an  independent  district  out  of  a  school 
township. 

Residents  of  the  village  of  Belknap  petitioned  the  board  of  directors  to  form 
an  independent  district.  The  board  by  a  vote  of  two  to  six  refused  to  establish 
the  boundaries  of  the  district.  From  the  board's  refusal  appeal  was  taken  to 
the  county  superintendent. 

Before  this  officer  motion  to  dismiss  was  made  by  appellee  on  the  ground 
that  Mandamus  and  not  appeal  was  the  proper  remedy. 

The  statute  provides  that  a  writ  of  mandamus  "shall  not  be  used  in  any  case 
where  there  is  a  plain,  speedy  and  adequate  remedy  in  the  ordinary  courts  of 
law,  save  as  herein  provided."  Section  4344  Code.  In  the  73  Iowa,  134,  case  of 
Barnett  et  al.  v.  Board  of  Directors  Independent  District  of  Earlham,  the  su- 


SCHOOL  LAW  DECISIONS  8-9 

preme  court  held  that  where  the  party  has  the  right  of  appeal  to  the  county 
superintendent,  mandamus  will  not  lie  against  a  board  of  directors. 

It  is  provided  in  the  school  laws  that  "any  person  aggrieved  by  any  decision 
or  order  of  the  board  of  directors  of  any  school  corporation  in  a  matter  of  law 
or  fact  may,  within  thirty  days  after  the  rendition  of  such  decision  or  the 
making  of  such  order,  appeal  therefrom  to  the  county  superintendent  of  the 
proper  county."  Section  2818  Code.  "Upon  the  hearing  of  the  appeal  the 
county  superintendent  is  required  to  hear  testimony  on  behalf  of  either  party. 
The  fullest  opportunity  is  allowed  for  a  thorough  investigation  of  the  matter  of 
the  appeal  and  the  superintendent  is  required  to  make  such  decision  as  shall  be 
just  and  equitable.  And  if  the  appellant  is  aggrieved  at  the  decision  of  the 
county  superintendent  he  may  appeal  in  like  manner  to  the  state  superintendent 
of  public  instruction."  35  Iowa,  444.  We  find  no  error  on  the  superintendent's 
part  in  overruling  the  motion  to  dismiss. 

The  superintendent  reversed  the  board  and  established  the  boundary  lines 
of  Belknap,  and  ordered  that  the  district  consist  of  the  present  town  plat.  J. 
L.  Munn  appealed  to  the  superintendent  of  public  instruction,  who  heard  the 
case  July  30th. 

At  the  hearing  before  this  department,  appellee  moved  to  dismiss  the  case 
for  the  reason  that  the  organization  of  the  contemplated  independent  district 
could  not  be  completed  on  or  before  the  first  day  of  August,  1898. 

The  time  in  which  to  take  the  initiatory  steps  to  form  an  independent  dis- 
trict is  not  fixed.  The  law  says:  "Upon  the  written  petition  of  any  ten  voters 
•  »  »  such  board  shall  establish  the  boundaries."  A  petition  signed  by  the 
requisite  number  of  voters  might  be  presented  at  such  a  date  as  to  preclude  the 
possibility  of  completing  the  organization  on  or  before  the  first  day  of  August. 
To  grant  reasonable  requests  made  by  attorneys  for  continuance  might  also 
prevent  the  formation  of  districts.  The  wishes  of  parties  interested  could 
easily  be  thwarted  by  dilatory  tactics  on  the  part  of  attorneys.  Under  the  laws 
of  this  state  both  county  and  state  superintendents  are  called  upon  to  perform 
many  and  varied  duties.  Not  infrequently  engagements  are  made  weeks  and 
sometimes  months  in  advance.  In  some  cases  it  is  quite  impossible  for  these 
officers  to  grant  a  hearing  and  render  a  decision  within  the  time  mentioned  in 
the  statute.  While  it  may  be  desirable  that  the  organization  be  perfected 
within  the  statutory  time,  we  are  inclined  to  the  opinion  that  the  date  is  only 
directory  and  has  special  reference  to  the  levying  of  taxes.  To  sustain  the 
motion  to  dismiss  would  establish  a  precedent  far-reaching  in  its  effects  and 
one  tending  in  many  cases  to  hinder  educational  advancement. 

The  record  upon  which  the  county  superintendent  decided  the  appeal  shows 
the  following  facts,  which  are  undisputed:  The  village  of  Belknap  is  located 
at  the  crossing  of  the  Rock  Island  and  Wabash  railways  on  the  east  one-half 
(%)  of  section  thirty-five  (35)  and  the  west  one-half  (^)  of  section  thirty- 
six  (36)  and  includes  forty  acres  more  or  less.  On  the  twenty-first  of  March, 
sixteen  residents  of  Belknap  petitioned  the  township  board  to  form  an  inde- 
pendent district.  At  the  time  action  was  taken  by  the  board  there  was  on  file  a 
petition  signed  by  B.  B.  Shaffer  and  twenty-two  other  citizens  asking  that  sec- 
tions twenty-five  (25),  twenty-six  (26),  thirty-five  (35),  thirty-six  (36)  and  the 
east  three-quarters  (%)  of  section  thirty-four  (34)  be  included  in  the  proposed 
new  district;  also  a  petition  from  A.  J.  Blankenship  and  five  others  asking  that 
tne  remainder  of  section  thirty-four  (34)  and  section  twenty-seven  (27),  less 


90  SCHOOL  LAW  DECISIONS 

the  northwest  quarter  (}4)  of  the  northwest  quarter  (*4),  together  with  the 
southeast  -quarter  (%)  of  the  southeast  quarter  (%)  of  section  twenty-two  (22) 
be  included  in  the  Independent  District  of  Belknap.  B.  B.  Shaffer  and  P.  H. 
Burns  presented  an  amendment  to  the  original  Shaffer  petition  asking  that  it 
be  amended  by  striking  out  the  north  one-half  (*/£)  of  section  twenty-five  (25). 
The  record  however  fails  to  show  that  the  amendment  was  filed  with  the  board 
of  directors. 

With  these  petitions  before  it,  what  was  the  duty  of  the  board? 

We  regard  the  construction  of  section  2794  so  important  that  it  was  sub- 
mitted to  Hon.  Milton  Remley,  attorney-general,  for  his  opinion.  He  says  in 
part:  "The  language  of  the  section  relating  to  the  duties  of  the  board  is  as 
follows:  'Such  board  shall  establish  the  boundaries  of  a  proposed  independent 
district,  including  therein  all  of  the  city,  town  or  village,  and  also  such  con- 
tiguous territory  as  is  authorized  by  a  written  petition  of  a  majority  of  the 
resident  electors  of  the  contiguous  territory  proposed  to  be  included  in  said 
district  in  not  smaller  subdivisions  than  entire  forties  of  land  in  the  same 
or  in  an  adjoining  school  township,  as  may  best  subserve  the  convenience  of  the 
people  for  school  purposes,  and  shall  give  the  same  notices  of  a  meeting  as  is 
required  in  other  cases. 

"The  board  of  directors  of  the  school  township  is  elected  by  the  people  of  the 
entire  township.  They  may  have  interests  antagonistic  to  the  formation  of  an 
independent  district.  There  seems  to  be  but  little  left  to  the  discretion  of  the 
board.  They  are  required  to  include  therein  all  of  the  contiguous  territory 
proposed  to  be  included  in  said  district  in  not  smaller  subdivisoins  than  forty 
acres  of  land.  It  seems  to  be  obligatory  upon  them  to  include  the  territory 
petitioned  for,  except  where  the  proposed  boundary  line  would  divide  forty  acres 
of  land,  according  to  the  government  survey.  They  might,  however,  in  case 
the  convenience  of  the  people  of  some  subdistrict  left  out  of  the  proposed  inde- 
pendent district  demanded  it,  include  more  territory  than  was  described  in  the 
petition.  The  circumstances  might  be  such  that  a  few  families,  after  the  pro- 
posed independent  district  was  carved  out  of  the  school  township,  would  be 
practically  left  without  school  privileges.  The  law  seems  to  require,  in  fixing 
the  boundaries,  that  all  of  the  contiguous  territory  petitioned  for  shall  be  in- 
cluded, but  does  not  even  inferentially  prevent  the  board  of  directors,  in  fixing 
the  boundaries,  from  including  some  not  petitioned  for. 

"I  think  the  statute  is  mandatory,  requiring  the  boundaries  to  he  established 
by  the  directors,  which  boundaries  shall  include  all  territory  petitioned  for, 
and  as  much  more  as  the  judgment  of  the  board  of  directors  shall  deem  neces- 
sary to  subserve  the  convenience  of  the  people  for  school  purposes.  It  is  also 
mandatory  upon  the  board  to  give  notice  of  the  meeting  at  which  the  people 
may  vote." 

To  the  question,  "In  case  an  appeal  is  taken  to  the  county  superintendent 
from  the  action  of  the  board  in  refusing  to  establish  boundaries,  should  the 
county  superintendent  consider  both  the  convenience  of  the  people  and  the  peti- 
tion presented  by  the  majority  of  the  electors,  or  is  he  limited  to  the  petition 
alone?" 

His  reply  is:  "He  can  exercise  no  power  not  given  by  statute  to  the  board  of 
directors,  and  can  make  such  order  as  the  board  of  directors  should  have  made. 
In  adding  any  territory  not  embraced  within  the  petition  he  should  certainly 
consider  the  convenience  of  the  people,  both  in  the  proposed  independent  district, 


SCHOOL  LAW  DECISIONS  91 

and  also  the  convenience  of  any  who  are  left  in  a  school  township;  but  like 
the  board  of  the  district  township,  he  would  not  be  authorized  to  omit  any  of 
the  territory  included  within  the  petition  from  the  proposed  independent  dis- 
trict. He  is  not,  however,  limited  any  more  than  the  board  would  be  by  the 
petition  in  regard  to  adding  to  the  proposed  independent  district  land  not  in- 
cluded in  the  petition." 

Since  it  is  the  duty  of  the  board  and  the  superintendent,  In  case  of  appeal, 
to  include  in  the  proposed  district  at  least  all  of  the  contiguous  territory  peti- 
tioned for,  it  only  remains  for  us  to  do  likewise.  Our  opinion  is  not  final, 
however.  The  voters  themselves  are  to  determine  whether  or  not  they  desire 
a  separate  organization.  A  careful  consideration  of  the  facts  in  the  case  leads 
us  to  the  opinion  that  the  formation  of  the  independent  district  of  Belknap 
is  desirable;  that  it  will  accommodate  well  a  large  number  of  children.  At 
no  distant  day  a  graded  school  will  be  provided,  and  with  modern  equipment 
and  trained  teachers,  pupils  will  enjoy  advantages  superior  to  those  now 
granted  them. 

In  harmony  with  the  petitions  of  the  electors  and  the  ruling  of  the  at- 
torney-general, it  is  therefore  ordered  that  the  independent  district  of  Belknap 
be  constituted  to  contain  sections  twenty-five  (25),  twenty-six  (26),  twenty- 
seven  (27),  less  the  northwest  quarter  (^)  of  the  northwest  -quarter  (^4) 
thirty-four  (34),  thirty-five  (35),  thirty-eight  (38),  and  the  southeast  quarter 
(%)  of  the  southeast  quarter  (}4)  of  section  twenty-two  (22)  of  Soap  Creek 
township.  It  is  further  ordered  that  in  accordance  with  section  2794  the  board 
shall  take  the  necessary  steps  to  provide  for  the  holding  of  an  election.  The 
same  to  be  held  before  November  1,  1898.  REVERSED. 

*  RICHARD  C.  BARRETT, 

Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  October  1,  1898. 


J.  L.  MUNN  v.  SCHOOL  TOWNSHIP  OF  SOAP  CREEK. 
Appeal  from  Davis  County. 

APPLICATION    FOR    REHEARING. 

NEW  QUESTIONS.  Questions  not  raised  at  the  hearing  before  the  county  super- 
intendent nor  before  the  superintendent  of  public  instruction  at  the  time  the 
appeal  was  heard  by  him  can  not  be  considered  for  the  first  time  on  an  appli- 
cation for  a  rehearing. 

REHEARING.  The  application  for  a  rehearing  will  be  denied  unless  sufficient 
reasons  have  been  presented  warranting  a  change  in  the  former  opinion. 

Application  for  a  rehearing  in  the  above  entitled  case  is  now  made  by  the 
appellee,  the  district  township  of  Washington,  on  the  ground  that  "this  case  does 
not  decide  whether  or  not  an  appeal  lies  where  a  board  fails  to  take  action." 
A  review  of  the  case  shows  that  the  board  did  act.  It  declined  to  establish 
the  boundaries  of  the  proposed  independent  district  of  Belknap.  We  do  not 
understand  that  counsel  contends  otherwise. 


For  decision  of  supreme  court  in  this  case  see  110  Iowa,  652. 


92  SCHOOL  LAW  DECISIONS 

Affidavit  of  appellant  Munn,  made  in  taking  appeal  from  the  decision  of  the 
board,  says:  "The  school  board  of  said  school  township  rendered  a  decision 
refusing  to  grant  the  petitions  of  residents  of  Belknap  and  contiguous  terri- 
tory." Again,  quoting  from  affidavit:  "Said  board  erred  in  that  they  have 
no  legal  discretion  in  the  matter,  and  should  have  granted  the  independent  dis- 
trict as  asked  for  by  said  petitions." 

Attorney  for  appellee  argues  that  only  the  single  petition  from  the  village 
of  Belknap  was  refused  and  that  others  from  contiguous  territory  are  now  be- 
fore the  board  and  may  be  called  up  and  passed  upon  at  any  meeting.  This 
point  was  presented  both  orally  and  in  written  argument  by  counsel,  and  was 
given  due  consideration  before  announcing  former  decision. 

In  the  case  of  Johnson  v.  School  Township  of  Utica,  appeal  from  Chicksaw 
county,  the  board  had  before  it  at  its  September  meeting  a  petition  requesting 
the  formation  of  a  new  subdistrict.  Without  action  the  board  adjourned  to 
consider  the  petition  the  following  February.  At  the  trial  before  the  county 
superintendent  motion  was  made  to  dismiss  the  case  on  the  ground  that  the 
petition  was  still  before  the  board.  The  motion  was  overruled  by  the  county 
superintendent.  On  appeal,  this  department,  we  think,  rightly  sustained  the 
lower  tribunal. 

In  the  case  before  us  no  action  of  the  board  could  have  barred  more  effectu- 
ally the  formation  of  the  independent  district.  That  petitions  from  contiguous 
territory  were  before  the  board  has  not  been  questioned. 

Our  attention  is  again  called  to  the  time  in  which  the  organization  of  the 
independent  district  may  be  completed.  No  sufficient  reason  has  been  pre- 
sented to  warrant  us  in  changing  our  opinion  in  regard  to  this  point. 

The  other  question,  whether  or  not  the  Village  of  Belknap  has  sufficient 
population,  was  not  raised  at  the  hearing  before  the  county  superintendent 
nor  this  department  and  may  not  be  considered  now. 

The  foregoing  review  disposes  of  the  material  points  involved  in  the  motion 
for  rehearing. 

This  department  might  have  reversed  the  decision  of  the  county  superintend- 
ent and  remanded  the  case  to  the  board  with  instructions  to  establish  the 
boundaries  of  the  proposed  district  in  accordance  with  the  opinion  of  the 
attorney-general.  Had  this  been  done  the  only  course  for  the  board  to  pursue 
would  have  been  to  fix  the  boundaries  of  the  district  including  all  contiguous 
territory  petitioned  for.  The  course  adopted  appeared  to  be  the  more  speedy 
and  for  that  reason  was  chosen. 

As  previously  stated,  our  decision  is  not  final.  The  law  wisely  leaves  the  final 
settlement  covering  the  formation  of  districts,  in  such  cases  as  this,  to  the  voters 
themselves.  If  those  residing  upon  the  outside  territory  proposed  to  be  in- 
cluded, desire  to  vote  separately  on  the  proposition,  they  may  do  so.  Should 
a  majority  of  the  votes  cast  on  such  outside  territory  be  against  the  proposed 
district,  it  shall  not  be  formed. 

The   application   for   rehearing   is  DENIED. 

RICHARD   C.    BARRETT, 
Superintendent  of  Public  Instruction. 
Des  Moines,  Iowa,  October  18,  1898. 


SCHOOL  LAW  DECISIONS  93 

O.  F.  HALE  v.  SCHOOL  TOWNSHIP  OF  RIVEBDALE. 

Appeal  from  Kossuth  County. 
APPEALS.    Should  be  conducted  with  fairness  and  impartiality. 

TIME  OF  HEARING.  If  the  county  superintendent  can  not  hear  testimony  for 
both  parties  at  the  time  set  for  such  hearing,  he  should  give  the  parties  ample 
time  later  to  make  a  clear  and  full  presentation  of  their  cause. 

At  a  special  meeting  of  the  board  of  directors  held  September  30,  1898,  it  was 
voted  to  change  the  schoolhouse  in  subdistrict  number  one,  from  the  present  site 
to  a  point  one  mile  west.  From  the  decision  rendered,  O.  F.  Hale  appealed  to 
the  county  superintendent,  who  affirmed  the  board's  action. 

In  appealing  to  the  superintendent  of  public  instruction,  appellant  alleges 
errors  as  follows: 

1st.  He,  the  county  superintendent,  failed  to  take  into  consideration  the 
geographical  position,  number  and  convenience,  of  the  scholars  and  residents  of 
the  subdistricts,  as  required  by  section  2773,  Code  of  1897. 

2d.  That  the  trial  being  set  for  1  P.  M.  on  October  27th,  he  failed  to  appear 
until  about  4  P.  M.  and  then  conducted  the  trial  in  such  haste  and  evident 
impatience  as  to  embarrass  appellant  whose  witnesses  had  returned  to  their 
homes  before  the  superintendent's  arrival,  and  thus  prevented  him  from  fully 
presenting  his  case. 

3d.  That  he  refused  to  allow  your  appellant  to  argue  his  case  and  adjourned 
the  trial  without  affording  appellant  an  opportunity  to  fully  present  his  case. 

It  is  due  all  parties  in  controversy  that  appeals  be  conducted  with  impar- 
tiality. The  law  expressly  declares  that  notice  of  the  time  and  place  of  hearing 
appeals  shall  be  sent  in  writing  by  the  county  superintendent  to  all  parties  ad- 
versely interested.  It  is  expected  that  the  utmost  fairness  will  be  shown. 

A  failure  on  the  part  of  the  county  superintendent  to  appear  at  the  appointed 
hour  set  for  hearing  the  case  is  not  an  error  of  great  consequence,  provided 
ample  time  is  given  all  parties  to  make  a  clear  and  complete  presentation  of 
their  cause. 

We  find  no  denial  of  errors  charged  and  are  disposed  to  remand  the  case  to 
the  county  superintendent  with  the  suggestion  that  he  fix  a  time  in  the  near 
future  for  hearing  the  case  anew,  and  give  notification  to  interested  parties  as 
provided  by  statute. 

Having  heard  the  testimony,  and  considered  the  geographical  position,  num- 
ber and  convenience  of  the  pupils,  he  shall  then  make  such  decision,  as  may 
appear  just  and  equitable.  REMANDED. 

RICHARD  C.  BARRETT, 

February  3,  1899.  Superintendent  of  Public  Instruction. 


IRVING  J.  JOHNSTON  v.  INDEPENDENT  DISTRICT  or  SANBOBN. 
Appeal  from  O'Brien  County. 

RESTORATION  OF  TEBBITOBY.  The  refusal  of  a  board  of  directors  of  an  inde- 
pendent district  to  concur  in  the  restoration  of  certain  territory  may  not  be 
reversed  except  when  clearly  shown  that  such  refusal  was  an  abuse  of  discretion. 


94  SCHOOL  LAW  DECISIONS 

COUNTY  ATTORNEY.    It  is  not  only  wise  but  in  conformity  with  law  for  the  county 
superintendent  to  consult  the  county  attorney  before  deciding  an  appeal. 

The  proceedings  in  this  case  are  founded  upon  section  2792  of  the  code  of 
1897  and  is  brought  to  have  several  sections  of  land  now  included  in  the  Inde- 
pendent District  of  Sanborn  restored  to  the  school  township  of  Summit  to  which 
they  geographically  belong. 

The  section  to  which  reference  is  made  above  provides  that  territory  so  situ- 
ated may  be  restored  by  the  concurrent  action  of  the  boards  of  directors,  and 
shall  be  so  restored  upon  petition  of  two-thirds  of  the  electors  residing  upon 
the  territory  proposed  to  be  set  off,  provided  the  school  corporation  that  is  to 
receive  back  the  territory  and  the  county  superintendent  concur. 

The  transcript  forwarded  in  this  case  is  very  complete.  It  shows  that  a  peti- 
tion signed  by  two-thirds  of  the  electors  was  presented  to  the  board  of  directors 
of  the  school  township  of  Summit  and  the  territory  accepted.  For  some  reason 
not  apparent,  it  was  not  then  presented  to  the  county  superintendent,  but  was 
laid  before  the  board  of  directors  of  the  Independent  District  of  Sanborn.  Said 
board  failing  to  act,  an  action  was  brought  at  the  May  term  of  the  district 
court  in  1898  to  compel  action.  In  response  to  the  court's  order  the  board  met 
and  considered  the  petition  on  the  eighteenth  of  June  and  rejected  the  same. 

From  the  decision  of  the  board  Irving  J.  Johnston  et  al.  appealed  to  the 
county  superintendent  who  affirmed  the  order  of  the  board,  and  said  parties 
now  appeal  to  the  superintendent  of  public  instruction. 

In  all  cases  of  appeal  the  county  superintendent  is  charged  to  make  such 
decision  as  may  be  just  and  equitable.  It  is  alleged  that  the  decision  rendered 
is  not  that  of  the  county  superintendent,  but  one  given  by  the  county  attorney. 
We  can  not  concur  in  the  view  taken  by  counsel  for  appellants.  It  is  not  denied, 
however,  that  the  county  attorney  did  submit  to  the  county  superintendent  an 
opinion.  In  fact  the  complete  opinion  of  the  county  attorney  is  made  a  part  of 
the  transcript.  Having  heard  the  evidence,  we  think  she  acted  wisely  and  in  con- 
formity with  law  in -requesting  the  county  attorney  for  the  correct  interpreta- 
tion of  the  law  relating  to  the  issues,  before  deciding  the  appeal. 

It  is  also  alleged  that  the  county  superintendent  erred  in  refusing  to  concur 
with  the  board  of  directors  of  the  school  township  of  Summit  as  provided  in 
section  2792.  A  careful  reading  of  the  transcript  convinces  us  that  the  appeal 
is  not,  in  this  instance,  from  the  action  of  the  county  superintendent  in  refusing 
to  concur,  but  from  her  decision  in  affirming  the  order  of  the  board  of  directors 
in  rejecting  appellant's  petition. 

The  question  to  be  determined  then  is  whether  the  board  of  directors  of  the 
Independent  District  of  Sanborn  in  refusing  to  concur  in  the  restoration  of  ter- 
ritory abused  its  discretion  or  violated  law.  The  latter  is  not  claimed. 

It  is  contended  that  the  restoration  of  the  territory  is  desired  in  order  that 
additional  school  facilities  may  be  provided  for  the  children  of  the  school  town- 
ship of  Summit.  Such  motives  are  commendable.  Doubtless,  the  refusal  to 
consent  to  the  transfer  of  territory  is,  in  part,  for  the  reason  that  better  school 
facilities  are  provided  appellants  by  the  board  of  directors  in  the  Independent 
Pistrict  of  Sanborn. 

As  a  part  of  the  Independent  District  of  Sanborn  those  residing  upon  the 
territory  in  question  enjoy  several  advantages.  Among  them  is  that  of  attending 
a  well  graded  school  in  which  is  taught  not  only  the  common  school  branches, 
but  tne  advanced  studies  $g  well.  Again,  if  territory  i§  detached  it  become? 


SCHOOL  LAW  DECISIONS  95 

necessary  for  pupils  to  travel  from  the  town  while  now  not  infrequently  convey- 
ances in  the  regular  order  of  business  carry  children  both  to  and  from  school. 
That  these  advantages  are  appreciated  is  evidenced  by  the  remonstrance  signed 
by  all  but  one  of  the  present  electors  having  children  of  school  age,  and  pre- 
sented to  the  board  of  directors  of  the  Independent  School  District  of  Sanborn 
prior  to  its  action  on  the  eighteenth  of  June. 

If  pupils  of  the  school  township  of  Summit  are  not  enjoying  school  facilities 
such  as  are  most  profitable  and  the  board  is  desirous  of  securing  increased  advan- 
tages it  may  arrange  with  any  person  outside  the  board  for  their  transportation 
to  and  from  school  in  the  same  or  in  another  corporation.  Expense  incurred 
for  such  services  may  be  paid  from  the  contingent  fund. 

Having  carefully  considered  all  of  the  facts  and  circumstances  entering  into 
the  merits  of  the  case,  we  can  find  no  reason  to  warrant  us  in  disturbing  the 
decision  of  the  county  superintendent  or  setting  aside  the  action  of  the  board. 

AFFIRMED. 
RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  February  8,  1899.      Superintendent  of  Public  Instruction. 


E.  F.  BACON  v.  THE  INDEPENDENT  DISTRICT  OF  WEST  DES  MOINES. 
Appeal  from  Polk  County. 

EXPULSION  OF  PUPILS.  Pupils  may  be  expelled  by  the  board  for  immorality, 
violation  of  the  regulations  and  rules  established  by  the  board,  or  when  their 
presence  is  detrimental  to  the  best  interests  of  the  school. 

JURISDICTION.  The  board  of  directors  of  a  school  corporation  have  no  jurisdic- 
tion over  children  after  the  termination  of  the  school  year. 

EXISTING  SCHOOL.  The  order  expelling  a  scholar  must  be  from  an  existing 
school.  The  scholar's  relationship  with  the  school  is  severed  when  the  school 
year  has  closed  and  vacation  has  begun. 

The  facts  presented  for  consideration  in  this  case  show  that  on  the  third  day 
of  June,  1898,  the  superintendent  of  the  West  Des  Moines  city  schools,  in  ac- 
cordance with  the  provisions  of  section  2782  of  the  Code,  notified  the  president 
of  the  board  of  directors  of  the  suspension  of  certain  pupils,  among  them  Julius 
Bacon,  son  of  the  appellant,  for  acts  of  disorder,  insubordination,  and  for  con- 
duct dertimental  to  the  best  interests  of  the  school.  On  the  sixth  day  of  June 
the  board  of  directors  met  in  regular  session  and  was  addressed  by  the  appellant 
in  behalf  of  his  son.  Several  of  the  suspended  pupils  present  also  spoke, 
acknowledged  their  wrong  and  asked  for  reinstatement.  Julius  Bacon  acknowl- 
edged his  error  but  pleaded  extenuating  circumstances.  The  board  then  ad- 
journed without  action  until  June  13th,  a  week  after  the  close  of  the  school 
year,  at  which  time  Bacon  was  expelled  for  one  year  from  June  3,  1898,  and 
the  others  from  four  to  seven  months.  From  the  action  of  the  board  E.  F. 
Bacon  appealed  to  the  county  superintendent  who  heard  the  case  in  regular 
form  and  affirmed  the  action  of  the  board.  Appellant  now  appeals  to  the  super- 
intendent of  public  instruction. 

The  law  provides  that  the  board  of  directors  may  expel  any  scholar  from 
school;  first,  for  immorality;  second,  for  violation  of  rules;  third,  whet;  t\[$ 
presence  of  the  scholar  is  detrimental  to  the  best  Interests  of  tbe  school, 


96  SCHOOL  LAW  DECISIONS 

To  warrant  the  board  in  exercising  its  expulsive  power  it  is  not  necessary 
that  the  scholar  be  a  corrupter  of  youth,  or  a  flagrant,  or  a  persistent  violator 
of  the  established  rules.  It  may,  if  occasion  requires,  summarily  expel  a  pupil 
whose  presence  is  considered  harmful  to  the  best  welfare  of  the  school. 

To  deprive  a  pupil  of  school  privileges  however  is  an  act  of  so  much  conse- 
quence that  it  should  be  decided  upon  only  after  all  the  circumstances  entering 
into  the  case  have  been  thoughtfully  weighed. 

The  provision  authorizing  boards  to  expel  when  the  presence  of  any  scholar  is 
harmful  is  a  recent  enactment.  Formerly  courts  held  that  pupils  could  be 
expelled  from  school  only  as  a  punishment  for  breach  of  discipline  or  for  offenses 
against  good  morals. 

Instances  have  arisen  where  pupils  intellectually  the  superior  of  their  asso- 
ciates and  possessed  of  high  ideals  in  many  respects  have,  without  displaying  a 
spirit  of  insubordination  themselves  or  openly  disregarding  the  expressed  wishes 
of  those  placed  over  them,  become  leaders  and  incited  others  to  open  revolt 
against  the  school  authorities.  Recognizing  the  weakness  of  the  former  pro- 
visions of  law  to  deal  with  such  cases,  the  general  assembly  in  revising  the 
code  inserted  the  third  division  above  given  in  order  that  boards  could  protect 
the  interests  intrusted  to  them.  While  the  provision  is  an  excellent  one,  the 
power  conferred  by  it  should  always  be  exercised  with  great  care  and  within 
proper  and  legal  limits. 

Several  questions  are  presented  to  us  for  consideration  by  counsel  for  ap- 
pellant. In  view  of  the  construction  we  feel  obliged  to  put  upon  section  2782 
it  is  only  necessary  to  determine  the  question:  Has  the  board  of  directors  of  a 
school  corporation  jurisdiction  over  children  after  the  termination  of  a  school 
year  as  determined  by  the  board  of  directors? 

We  are  unable  to  find  that  this  question  has  ever  been  determined  by  the 
supreme  court  of  our  state;  hence  to  a  certain  extent  reliance  is  placed  upon  the 
holdings  of  the  judicial  tribunals  in  other  states.  In  a  Nebraska  case  given  in 
48  Northwestern  Reporter  we  find  that  an  attempt  was  made  to  show  that  the 
board  was  justified  in  expelling  a  pupil  because  of  an  alleged  insubordination. 
In  answer  to  the  allegation  the  court  said:  "But  the  charge  even  if  true  relates 
to  her  conduct  during  a  former  term  of  school.  We  need  not  determine  therefore 
whether  the  testimony  sustains  that  charge  or  not."  Here  the  court  declined  to 
consider  alleged  charges  of  insubordination  because  they  were  committed  at  a 
term  of  school  having  previously  closed. 

The  statute  says  that  the  board  of  directors  have  power  to  "expel  any  scholar 
from  school."  This  language  evidently  means  that  before  a  board  of  directors 
may  issue  a  valid  order  expelling  a  scholar  from  school,  there  must  be  an 
existing  school  and  also  a  scholar  to  be  expelled  therefrom. 

The  transcript  shows  that  all  school  exercises  for  the  year  had  closed,  con- 
tracts had  expired  and  teachers  were  released. 

While  boards  of  directors  are  charged  with  the  making  of  rules  for  the  gov- 
ernment of  schools,  we  are  not  disposed  to  hold  that  the  law  authorizes  them  to 
exercise  control  over  teachers  and  pupils  during  vacation.  Notwithstanding  the 
fact  that  the  board  in  this  case  ordered  one  pupil  expelled  for  four  months,  three 
of  which  are  for  the  vacation  months  of  June,  July  and  August,  we  are  not  fully 
satisfied  that  the  board  claims  such  authority  or  wishes  to  be  charged  with  the 
responsibility.  If  such  is  the  view  taken,  however,  it  can  not  be  sustained. 


SCHOOL  LAW  DECISIONS  97 

• 

Julius  Bacon  had  been  a  scholar  the  past  year  but  the  relationship  was 
severed  at  the  time  of  the  board's  action.  There  is  nothing  to  indicate  that  he 
would  present  himself  and  claim  school  privileges  at  the  opening  of  the  next 
year. 

We  are  always  gratified  when  we  can  affirm  the  decision  of  a  county  super- 
intendent who  has  sustained  a  discretionary  act  of  a  board.  A  statement  of 
fact  such  as  was  in  this  case  presented  to  the  county  superintendent  for  his  con- 
sideration would  warrant  an  affirmance  of  a  board's  action  in  expelling  a 
pupil  for  a  reasonable  time,  if  jurisdiction  were  not  questioned. 

Inasmuch  as  there  was  no  school  and  consequently  no  scholars  we  can  only 
find  that  Julius  Bacon  was  not  subject  to  the  authority  of  the  board  of  directors 
of  the  school  corporation  of  West  Des  Moines  and  could  not  therefore  be  expelled. 

The  decision  of  the  county  superintendent  is  REVERSED. 

RICHARD  C.  BARRETT, 

Des  Moines,  la.,  March  18,  1899.          Superintendent  of  Public  Instruction. 


E.  F.  BACON  v.  INDEPENDENT  SCHOOL  DISTRICT  OF  WEST  DES  MOINES. 

Appeal  from  Polk  County. 

APPLICATION  FOR  REHEARING. 

ORAL  ARGUMENT.    The  failure  of  counsel  for  appellee  to  present  oral  argument, 
after  being  informed  of  the  hearing,  will  not  justify  a  reopening  of  the  case. 

REHEARING.    To  warrant  the  superintendent  of  public  instruction  in  granting  a 
rehearing  it  must  be  shown  that  some  very  serious  error  has  been  made. 

The  attorney  for  the  appellee  comes  now  and  asks  for  a  rehearing  in  the 
above  cause  for  the  reason  "that  the  sole  question  considered  by  the  state  super- 
intendent was  one  upon  which  this  appellee  was  not  heard  in  oral  argument  be- 
fore him." 

For  many  years  it  has  been  the  custom  of  the  department  of  public  instruc- 
tion in  hearing  appeal  cases  to  notify  interested  parties.  The  office  record  shows 
that  both  appellant  and  counsel  for  appellee  were  notified  of  the  time  set  for 
final  hearing.  The  failure  of  counsel  for  appellee  to  present  oral  argument  after 
being  duly  informed  of  the  hearing  will  not  justify  the  department  in  reopening 
the  case. 

It  is  somewhat  doubtful  whether  under  the  law  a  rehearing  is  contemplated 
or  possible.  An  examination  of  the  statute  fails  to  reveal  any  direct  provision 
authorizing  the  same,  while  section  2820  relating  to  appeals  to  the  superintend- 
ent of  public  instruction  says:  "The  decision  when  made  shall  be  final." 
Doubtless,  upon  being  convinced  that  a  decision  rendered  was  erroneous,  either 
the  county  superintendent  or  superintendent  of  public  instruction  might  recall 
the  same  and  reverse  or  modify  former  holdings.  To  warrant  either  of  these 
officers  in  reopening  a  case,  it  must  be  shown  that  some  very  serious  error 
has  been  made,  or  that  some  additional  testimony  has  been  discovered  which 
could  not  have  been  presented  at  the  former  hearing  by  using  reasonable  dili- 
gence. See  case  of  Mary  Grey  v.  Independent  District  of  Boyle,  S.  L.  1897. 

In  response  to  the  application  for  a  rehearing  a  willingness  to  receive  and 
consider  a  written  argument  which  counsel  for  appellee  might  submit  touching 
7 


98  SCHOOL  LAW  DECISIONS 

the  point  determined  in  our  former  decision  was  expressed  by  the  superintend- 
ent of  public  instruction.  Before  rendering  our  decision  of  March  18,  1899,  all 
of  the  material  points  suggested  were  fully  and  carefully  considered.  Since  the 
receipt  of  counsel's  argument  we  have  reviewed  the  case  and  read  with  care 
the  cases  cited,  and  believe  that  nothing  would  be  accomplished  by  a  rehearing. 

The  application  is  DENIED 

RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  June  1,  1899.        Superintendent  of  Public  Instruction. 


W.  H.  MESSNEE  AND  FOSTER  RIGLEB  v.  THE  SCHOOL  TOWNSHIP  OF  BEAR  GROVE. 
Appeal  from  Gutnrie  County. 

BOND  FOR  COSTS  The  law  does  not  require  the  filing  of  a  bond  for  <josts  or  the 
giving  of  security  therefor  as  a  condition  necessary  to  perfect  an  appeal. 

EXPENSE  OF  APPEALS.  It  is  the  evident  intent  of  the  law  to  make  it  possible  for 
aggrieved  parties  to  have  a  hearing  with  the  least  possible  delay  and  annoyance, 
and  at  the  lowest  expense. 

This  case  arises  from  the  action  of  the  board  of  directors  of  the  school  town- 
ship of  Bear  Grove  to  redistrict  the  same. 

From  the  board's  action  the  appellants  appealed  to  the  county  superintendent 
In  accordance  with  the  statute  the  secretary  of  the  board  of  directors  filed  a 
transcript  of  the  board's  proceedings  March  15th.  On  the  twenty-second  of 
March  the  county  superintendent  notified  appellants  that  the  appeal  was  not 
perfected,  and  that  unless  bonds  for  the  costs  were  executed,  filed  and  approved 
within  twenty  days  from  the  date  of  notice  the  appeal  would  be  dismissed  and 
the  action  of  the  board  of  directors  affirmed.  On  the  eleventh  of  April,  the  ap- 
pellants having  failed  to  comply  with  the  order  of  the  county  superintendent 
the  appeal  was  dismissed  and  the  order  of  the  board  redistricting  the  town- 
ship affirmed.  From  this  order  appeal  is  now  taken  to  this  department. 

Appellants  appeal  from  the  ruling  of  the  county  superintendent  in  dismiss- 
ing the  appeal  case,  affirming  the  action  of  the  board,  and  in  requiring  them  to 
give  bonds  for  costs: 

1.  Because  the  county  superintendent  erred  in  requiring  appellants  to  give 
bond  for  costs. 

2.  Because  said  ruling  and  action  is,  in  fact,  a  denial  of  justice,  in  that  it 
prevents  appellants  from  having  a  trial  and  hearing  as  provided  by  law. 

An  examination  of  the  law  relating  to  the  taking  of  appeals  from  the  action 
of  a  board  of  directors  to  the  county  superintendent  fails  to  show  any  require- 
ment demanding  a  bond  for  costs  from  any  of  the  parties  in  controversy.  So 
far  as  we  are  able  to  learn,  the  only  reference  to  costs  in  cases  appealed  to  the 
county  superintendent,  is  that  contained  in  section  2821,  which  reads:  "But  if 
the  superintendent,  is  of  the  opinion  that  the  proceedings  were  instituted  with- 
out reasonable  cause  therefor,  or  if,  in  case  of  an  appeal,  it  shall  not  be  sus- 
tained, he  shall  enter  such  findings  in  the  record  and  tax  all  costs  to  the  party 
responsible  therefor." 

The  general  provisions  of  law  touching  the  question  of  costs  are  in  no  sense 
applicable  to  cases  of  appeal  to  the  county  superintendent  or  the  department  of 
public  instruction.  On  the  contrary,  the  law  provides  that  any  person  aggrieved 


SCHOOL  LAW  DECISIONS  99 

••<:• '.  1115^ 

by  any  order  or  decision  of  the  board  of  directors  may  appeal  therefrom  to  the 
county  superintendent,  and  the  basis  of  the  proceedings  shall  be  an  affidavit  filed 
with  the  county  superintendent,  within  the  time  for  taking  the  appeal.  Nowhere 
can  we  find  that  the  county  superintendent  is  authorized  to  establish  a  different 
basis  such  as  the  giving  of  bonds  for  the  security  of  costs.  The  evident  intent 
of  the  law  relating  to  appeals  appears  to  be  to  make  it  possible  for  aggrieved 
parties  to  have  a  hearing  with  the  least  possible  delay  and  annoyance  and  at 
the  lowest  expense. 

Believing  that  the  law  does  not  require  the  filing  of  a  bond  for  costs  or  the 
giving  of  security  therefor  as  a  condition  necessary  to  perfect  an  appeal  taken 
from  the  action  of  the  board  of  directors,  the  decision  of  the  county  superintend- 
ent is  reversed  and  the  case  is  remanded  with  instructions  to  fix  an  early  date 
for  hearing  the  same  upon  merit.  REVERSED  AND  REMANDED. 

RICHARD  C.  BARRETT, 

June  26,  1899.  Superintendent  of  Public  Instruction. 


NORA  OELKE  v.  R.  C.   SPENCER,  COUNTY   SUPERINTENDENT. 
Appeal  from  Audubon  County. 

GOOD  MORAL  CHARACTER.  The  county  superintendent  should  require  proof  that 
the  applicant  for  a  certificate  possesses  good  moral  character,  unless  he  has 
personal  knowledge  of  the  same. 

REFUSAL  OF  CERTIFICATE.  Good  moral  character  being  one  of  the  essential  qual- 
ifications of  a  teacher,  the  county  superintendent  is  fully  justified  in  refusing  a 
certificate  to  an  applicant  who  fails  to  furnish  satisfactory  evidence  of  such 
character. 

NORMAL  INSTITUTE.  The  county  superintendent  may  refuse  to  enroll  such  per- 
sons members  of  the  normal  institute  as  he  has  reason  to  believe  are  morally 
deficient. 

COUNTY  SUPERINTENDENT.  Has  large  discretionary  power  in  the  matter  of  issu- 
ing or  withholding  certificates,  and  his  decision  will  not  be  reversed  unless  it  is 
clearly  shown  that  he  was  prompted  by  prejudice  or  ill-will,  or  acted  with  mani- 
fest injustice. 

This  case  arises  from  the  refusal  of  the  county  superintendent  to  grant  Nora 
Oelke  a  certificate  to  teach  in  the  public  schools,  and  to  enroll  her  as  a  member 
of  the  normal  institute. 

A  hearing  was  had  on  the  twenty-third  and  twenty-fourth  days  of  August, 
1899,  before  the  superintendent,  who  affirmed  his  former  decision.  Nora  Oelke 
appeals. 

The  law  vests  in  the  county  superintendent  large  discretionary  powers  in  the 
matter  cf  issuing  certificates.  He  must  be  fully  satisfied  that  the  applicant  pos- 
sesses scholarship,  teaching  ability,  and  good  moral  character.  Of  the  last 
named  qualification  the  law  makes  it  his  duty  to  require  proof,  unless  he  has 
personal  knowledge  of  the  same. 

Too  great  stress  can  not  be  laid  upon  the  value  of  character  in  the  school- 
room. The  teacher's  character  and  public  conduct  should  be  without  reproach. 


100  SCHOOL  LAW  DECISIONS 

Section  2737  of  the  Code  contemplates  that  the  county  superintendent,  among 
other  things,  should  find  as  a  fact  and  so  certify  that  the  person  to  whom 
authority  to  teach  is  granted  is  of  good  moral  character. 

The  county  superintendent,  being  charged  with  this  grave  responsibility,  is 
presumed  to  exercise  his  discretion  justly  and  impartially.  Not  only  is  he  the 
sole  judge  of  the  qualifications  of  those  who  desire  to  teach,  but  also  of  how 
fully  he  will  give  the  applicant  reasons  for  the  refusal  of  a  certificate.  Walker 
v.  Crawford,  p.  42,  S.  L.  Decisions,  1897. 

There  is  no  evidence  in  this  case  that  the  action  of  the  county  superintendent 
was  prompted  by  prejudice  or  ill-will.  He  privately  cautioned  the  appellant,  as 
well  as  her  father,  against  certain  indiscretions  upon  her  part  which  had  become 
a  matter  of  public  gossip,  without  receiving  any  satisfactory  explanation. 

The  superintendent,  being  a  near  neighbor  to  the  appellant,  formed  his  judg- 
ment as  to  her  fitness  to  teach  in  a  measure  from  personal  observation  of  her 
conduct.  Although  represented  by  counsel  at  the  hearing  before  the  county 
superintendent,  the  evidence  offered  in  her  behalf  is  very  meager.  So  far  as  the 
record  shows,  no  evidence  whatever  was  offered  to  show  that  she  is  of  good 
moral  character. 

The  refusal  of  the  county  superintendent  to  permit  appellant  to  enroll  as  a 
member  of  the  normal  institute,  is  also  assigned  as  error. 

Under  the  law  the  county  superintendent  has  general  charge  and  control  of 
the  normal  institute.  As  its  head  he  not  only  possesses  the  legal  right,  but  in 
our  opinion  it  becomes  his  duty  to  exclude  from  its  membership  persons  who 
are  intellectually  or  morally  unfit  to  attend.  Most  educational  institutions  re- 
quire testimonials  as  to  character  before  students  are  admitted.  This  rule  is  a 
reasonable  one,  and  the  head  of  a  college  or  normal  institute  would  be  justified 
in  refusing  to  enroll  such  students  as  he  has  reason  to  believe  are  morally 
deficient. 

Under  the  law  we  are  compelled  to  give  due  weight  to  the  acts  of  the  county 
superintendent.  His  decision  should  not  be  reversed  unless  it  is  clearly  shown 
that  he  violated  the  law,  abused  his  discretion,  or  acted  with  manifest  injustice. 
The  evidence  fails  to  disclose  that  such  showing  has  been  made. 

The  decision  of  the  county  superintendent  is  therefore  AFFIRMED. 

RICHARD  C.  BARRETT, 

Des  Moines,  December  15,  1899.  Superintendent  of  Public  Instruction. 


J.  M.  -SUTTON  v.  THE  INDEPENDENT  DISTRICT  OF  SHELBY. 
Appeal  from  Shelby  County. 

LOCATION  OF  SCHOOLHOUSE  SITE.  In  the  location  of  a  schoolhouse  site  the  board 
is  justified  in  considering  the  wishes  of  a  majority  of  the  people  as  indicated  in 
the  vote  upon  the  issuance  of  bonds. 

EXPENDITURE  OF  MONEY.  Where  money  is  voted  by  the  electors  for  a  specific 
purpose,  or  where  they  couple  certain  directions  with  their  vote  when  authoriz- 
ing the  expenditure  of  money,  such  directions  or  vote  may  not  be  disregarded 
by  the  board. 

The  board  of  directors,  being  about  to  erect  a  new  building  to  be  used  for 
high  school  purposes,  were  petitioned  to  locate  the  same  at  a  point  east  of  the 


SCHOOL  LAW  DECISIONS  101 

railroad  track.  From  their  action  in  refusing  to  grant  the  prayer  of  said  peti- 
tion, the  plaintiff  appealed  to  the  county  superintendent,  who,  on  the  twenty-first 
day  of  September,  1899,  affirmed  the  action  of  the  board.  From  that  decision, 
appeal  is  taken  to  this  department. 

It  appears  from  the  evidence  that  in  March,  1899,  the  electors  of  the  Inde- 
pendent District  of  Shelby  voted  to  authorize  the  board  to  issue  bonds  in  the 
sum  of  six  thousand  dollars,  "for  the  purpose  of  erecting  an  additional  school 
building,  the  same  to  be  built  of  brick,  and  purchasing  a  steam  heating  plant 
and  placing  it  therein  and  in  the  present  building  in  said  district,  in  such  a 
manner  as  that  both  the  new  and  the  present  school  building  shall  be  heated 
thereby."  It  being  subsequently  found  that  the  amount  first  voted  would  be 
insufficient,  the  electors  on  the  third  day  of  August  voted  an  additional  three 
thousand  dollars  upon  the  same  condition  as  the  first  issue  was  voted. 

We  are  unable  to  find  that  the  board  abused  its  discretion  or  violated  law 
in  rendering  the  decision  complained  of.  The  members  of  the  board  were  evi- 
dently desirous  of  carrying  out  the  wishes  of  the  people  as  indicated  in  the  vote 
upon  the  issuance  of  bonds.  To  our  mind  it  is  quite  clear  that  the  electors 
authorized  the  issuance  of  bonds  with  the  understanding  that  the  new  build- 
ing should  be  erected  in  close  proximity  to  the  present  one.  Any  other  theory 
renders  the  clause,  "and  placing  a  steam  heating  plant  there  In  and  in  the 
present  school  building  in  such  a  manner  as  that  both  the  new  and  the  pres- 
ent buildings  shall  be  heated  thereby,"  practically  meaningless. 

This  department,  as  well  as  the  supreme  court  of  our  state,  has  held  that 
where  money  is  voted  for  a  specific  purpose,  or  where  the  electors  couple  certain 
directions  with  their  vote  when  authorizing  the  expenditure  of  money,  such 
directions  or  vote  can  not  be  disregarded. 

The  decision  of  the  county  superintendent  is  AFFIRMED. 

RICHARD  C.  BARRETT, 

Des  Moines,  December  14,  1899.          Superintendent  of  Public  Instruction. 


J.  E.  RUSH  et  al.  v.  SCHOOL  TOWNSHIP  OF  FRANKLIN. 
Appeal  from  Allamakee  County. 

APPEAL.    An  appeal  may  be  taken  from  the  decision  of  the  board  to  place  a  peti- 
tion on  the  table. 

In  this  case  the  appellants  presented  the  following  petition  to  the  board  of 
directors  of  the  school  township  of  Franklin  at  the  regular  meeting  of  the  board 
of  directors  in  September: 

"We  the  undersigned  citizens  and  residents  of  Franklin,  in  Allamakee  county, 
Iowa,  respectfully  represent  that  they  are  without  school  advantages  by  reason  of 
being  so  far  from  a  schoolhouse  that  during  the  winter  season  nearly  all  of  the 
small  children  in  our  neighborhood  have  to  remain  at  home. 

"That  there  is  a  sufficient  number  of  school  children  of  school  age  in  our 
neighborhood  to  form  a  school  if  a  school  building  could  be  placed  near  the  sec- 
tion corners  of  sections  2,  3,  10  and  11. 

"We  therefore  respectfully  ask  that  you  take  such  action  as  will  secure  the 
location  and  erection  of  a  school  building  at  the  corners  of  the  sections  above 
named  and  provide  for  a  school  to  be  held  at  that  point." 


102  SCHOOL  LAW  DECISIONS 

The  certified  copy  of  the  transcript  of  the  proceedings  of  the  board  shows  that 
"after  much  discussion  it  was  decided  to  place  the  petition  on  the  table  until  the 
next  meeting  of  the  board."  From  this  decision  J.  E.  Rush  ei  al.  appealed  to 
the  county  superintendent.  At  the  hearing  before  this  officer  a  motion  to  dis- 
miss the  appeal  was  filed  on  the  following  ground,  to-wit: 

"That  there  is  in  the  record  no  grounds  shown  for  an  appeal  in  this — that  the 
action  complained  of  was  simply  a  motion  to  lay  the  petition  on  the  table — a 
matter  from  which  no  appeal  can  be  taken." 

Two  other  counts  are  assigned  but  are  not  of  importance  in  the  determination 
of  this  appeal. 

The  county  superintendent  sustained  the  motion  for  the  reason  "that  the 
action  was  not  appealable,"  and  dismissed  the  case.  J.  E.  Rush  and  W.  T. 
Roderick  appeal  to  this  department. 

The  main  contention  is:  May  appeal  be  taken  from  the  decision  to  place  the 
petition  on  the  table. 

In  the  case  of  Rogness  v.  District  Township  of  Glenwood,  appeal  from  Winne- 
shiek  county,  this  department  held  that  the  right  of  appeal  from  the  vote  of  a 
board  to  lay  a  petition  on  the  table,  can  not  be  -questioned,  but  like  any  other 
action  must  be  regarded  as  subject  to  appeal. 

In  this  opinion  we  find  ourselves  in  accord.  To  hold  otherwise  under  condi- 
tions such  as  are  alleged  to  exist  in  this  case  would,  we  think,  work  great  injury. 
The  purpose  of  the  board  in  laying  the  petition  on  the  table  is  not  apparent,  but 
no  other  action  upon  their  part  could  have  more  effectually  prevented  petitioners 
from  obtaining  relief.  To  sustain  the  decision  of  the  county  superintendent 
would,  we  think,  at  least  be  to  encourage  boards  of  directors  in  employing  dila- 
tory tactics  instead  of  business  methods  in  the  transaction  of  educational  affairs. 

The  law  prescribes  that  boards  of  directors  shall  hold  semi-annual  meetings  in 
September  and  March.  By  section  2801  authority  is  conferred  upon  boards  of 
directors  to  divide  the  school  township  into  subdistricts  such  as  justice,  equity, 
and  the  interests  of  the  people  require.  This  provision  in  the  case  of  Donelon  v. 
The  District  Township  of  Kniest,  was  held  to  mean  that  changes  in  bounadries  of 
subdistricts  could  only  be  made  at  the  regular  September  meeting  or  one  called 
for  that  purpose  before  the  following  March. 

The  order  of  the  ooard  was  that  the  petition  be  laid  on  the  table  "until  the 
next  meeting  of  the  board,"  but  the  records  fail  to  show  that  any  time  was  fixed 
for  cue  meeting. 

It  may  be  said  that  a  special  meeting  could  be  called  at  any  time.  This  is 
true,  but  the  fact  that  no  such  meeting  was  held  up  to  the  time  of  hear- 
ing the  appeal  before  the  county  superintendent  on  the  nineteenth  of  Decem- 
ber, and  the  further  fact  that  appellees  are  now  strenuously  seeking  to  have  this 
department  affirm  the  decision,  is  presumptive  that  the  board  had  no  intention 
of  considering  the  interests  of  petitioners,  prior  to  the  annual  meeting  in  March, 
if  at  all. 

In  view  of  the  above  we  think  the  case  should  be  heard  upon  its  merits  by 
the  county  superintendent.  It  is  therefore  ordered  that  he  fix  a  time,  giving 
due  and  proper  notice  to  interested  parties,  and  after  hearing  testimony  for 
either  party,  render  such  decision  as  may  be  just  and  equitable. 

REVERSED  AND  REMANDED. 
RICHARD  C.  BARRETT, 

Des  Moines,  Iowa,  March  27,  1900.    Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS  103 

A.  J.  JONES  v.   INDEPENDENT  DISTRICT  OF  OCHEYEDAN. 
Appeal  from  Osceola  County. 

DISMISSAL  OF  TEACHER.     The  board  may  not  dismiss  a  teacher  for  refusing  to 
teach  grades  or  classes  other  than  those  named  in  the  contract. 

SPECIAL  MEETING.    A  teacher  may  not  be  discharged  at  a  special  meeting  called 
for  the  purpose  of  securing  modification  of  his  contract. 

CONTRACT.    A  refusal  of  the  teacher  to  agree  to  a  change  in  a  legal  contract  with 
the  board  is  no  ground  for  discharge. 

On  March  23,  1899,  the  appellant  entered  into  a  written  contract  in  the  usual 
form  by  the  terms  of  which  he  was  to  "teach  the  high  school  and  superintend 
the  public  school"  in  the  Independent  District  of  Ocheyedan  for  the  term  of 
twenty-four  weeks,  commencing  in  September,  1899,  and  was  to  receive  for  such 
service  the  sum  of  seventy-five  dollars  per  school  month. 

On  September  11,  the  opening  day  of  the  term,  the  board  of  directors  at 
a  special  meeting  convened  at  the  schoolhouse  passed  the  following  resolution: 

"WHEREAS,  The  principal,  A.  J.  Jones,  has  refused  to  accede  to  the  request 
of  the  board  in  regard  to  the  eighth  grade  being  advanced  to  the  high  school 
room,  he  is  hereby  dismissed  as  principal  and  superintendent  of  the  Ocheyedan 
public  schools  from  this  date,  and  his  contract  is  hereby  annulled." 

From  the  order  of  the  board  appeal  was  taken  to  the  county  superintendent, 
who  affirmed  the  action  of  the  board,  and  the  appellant  now  seeks  relief  in 
this  department. 
Appellant  asks  a  reversal  chiefly  on  two  grounds,  viz.: 

(1)  That  the  eighth  grade  was  no  part  of  the  high  school  and  for  that 
reason  it  was  no  part  of  his  duty  to  teach  it. 

(2)  That  he  was  not  accorded  that  full  and  fair  investigation  contemplated 
by  the  law  as  set  forth  in  section  2782. 

These  two  points  will  be  considered  in  the  order  presented. 

1.  We  find  from  the  transcript  that  at  a  meeting  of  the  board  of  directors 
held  October  10,  1898,  the  appellant  was  requested  to  prepare  a  three  years' 
course  of  study  for  the  high  school,  and  also  a  set  of  rules  and  regulations  for 
the  government  of  the  schools. 

Appellees  earnestly  contend  that  the  power  to  prescribe  a  course  of  study  and 
rules  and  regulations,  rests  with  the  board,  and  that  in  the  absence  of  delegated 
authority  to  re-delegate  such  power,  no  power  exists  to  thus  delegate,  and  any 
attempt  to  do  so  is  void.  This  question  we  need  not  determine,  as  no  action 
of  the  board  shows  that  it  attempted  to  delegate  any  authority  to  appellant. 

A  reasonable  construction  of  the  board's  action  providing  that  the  principal 
prepare  a  course  of  study,  is  that  he  might  make  such  course  as  would  in  his 
judgment  meet  the  needs  of  the  schools  under  his  supervision,  and  submit  his 
report  to  the  board  for  approval,  modification  or  rejection.  This  method  is  that 
usually  adopted  by  boards,  and  the  principle  has  indirectly  been  approved  by  the 
supreme  court.  (Hall  v.  Ind.  District  Arlington,  82  Iowa,  686.) 

At  a  special  meeting  of  the  board  on  October  15,  1898,  the  course  pre- 

i  pared  by  appellant,  together  with  rules  and  regulations,  was  adopted,  and 

according   to   the   testimony   of   Mr.    Underhill    was,    so    far    as    completed, 

printed  by  him  on  the  order  of  the  board  in  November  following.     It  must, 


104  SCHOOL  LAW  DECISIONS 

we  think,  be  conceded  that  the  board  adopted  the  course  of  study  with  suit- 
able regulations.  We  are  led  to  this  conclusion  by  the  further  fact  that 
the  board  on  September  11,  1899,  voted  to  rescind  the  action  of  October  15, 
1898,  in  reference  to  the  course  of  study.  The  query  naturally  arises,  why 
this  action  if  no  course  were  adopted? 

The  contract  entered  into  by  the  board  with  appellant  was  made  in 
March  following  the  adoption  of  the  course,  and,  as  above  stated,  provided 
that  he  should  teach  the  high  school,  which,  according  to  the  classification 
adopted  October  15th,  consisted  of  the  ninth,  tenth  and  eleventh  grades. 

Did  the  board  have  the  right  to  dismiss  appellant  for  refusing  to  teach 
grades  or  classes  other  than  those  named  in  the  contract?  We  think  not. 
To  answer  affirmatively  would  be  equivalent  to  stating  that  boards  of 
directors  have  abrogative  power  relating  to  contracts  with  teachers.  To 
allow  them  to  repudiate  contracts  and  force  other  parties  to  perform  duties 
not  agreed  upon  would,  we  think,  be  to  encourage  a  breach  of  contract  and 
a  breach  of  faith. 

If  a  board  has  a  right  to  modify,  without  consent,  a  contract  to  the 
extent  of  requiring  a  principal  to  teach  an  eighth  grade  not  contemplated 
when  the  contract  was  made,  there  would  appear  to  be  no  limit;  and  a  hos- 
tile board  could  demand  that  a  teacher  under  contract  to  give  instruction 
in  high  school  branches  should  teach  primary  pupils,  or  vice  versa;  and  upon 
failure  to  execute  in  a  satisfactory  manner  the  demands  of  the  board,  dis- 
charge him  for  incompetency. 

2.  This  case  differs  from  that  usually  presented.  There  are  no  charges 
of  incompetency,  inattention  to  duty,  partiality,  or  immorality.  The  testi- 
mony and  the  record  show  that  appellant  began  his  school  September  llth 
at  the  usual  hour  of  opening. 

The  board  of  directors  met  on  the  afternoon  of  September  llth  and 
after  rescinding  the  action  of  October  15th,  1898,  whereby  a  course  of 
study  was  adopted,  "adjourned  to  meet  at  the  schoolhouse  at  once."  Here 
the  appellant  was  discharged  as  stated  in  the  resolution  above  given. 

Was  the  meeting  such  as  the  law  contemplates  shall  be  held  in  cases 
of  this  kind?  The  law  wisely  provides  that  a  teacher  may  only  be  dis- 
charged after  an  impartial  trial  held  for  that  purpose.  In  all  the  testi- 
mony, there  is  no  disagreement  as  to  the  purpose  of  the  meeting.  It  was 
for  the  purpose  of  getting  the  appellant  to  modify  the  contract  by  accepting 
the  eighth  grade,  and  not  for  the  purpose  of  discharging  him.  He  was 
called  into  the  presence  of  the  board  and  informed  of  its  purpose. 

Appellant  stated  in  his  reply,  which  was  written,  and  which  he  was  asked 
to  give  at  once,  that  he  was  ready  to  fulfill  his  contract;  that  if  the  board 
had  rescinded  its  action  in  regard  to  a  course  of  study  he  would  like  to 
know  what  the  course  of  study  for  the  high  school  should  be,  and  the 
duties  of  the  superintendent  under  the  same.  He  expressed  a  willing- 
ness also  to  teach  even  the  eighth  grade  for  a  reasonable  amount  of  addi- 
tional salary. 

In  view  of  this  expressed  willingness  of  appellant  to  do  that  which  seems 
reasonable,  we  are  unable  to  justify  the  action  of  the  board.  We  think  a 
compromise  might  well  have  been  attempted,  and  proven  at  least  reasonably 
satisfactory  to  both  parties.  The  whole  case  has  been  given  most  earnest 
attention,  and  we  can  not  find  that  appellant  was  discharged  for  good  and 


SCHOOL  LAW  DECISIONS  105 

sufficient  cause,  after  that  impartial  investigation  contemplated.  His  dis- 
missal under  all  the  circumstances  revealed  by  the  record  can  not  be  ap- 
proved. REVERSED 

RICHARD  C.  BARRETT, 
.  Des  Moines,  Iowa,  May  12,  1900.          Superintendent  of  Public  Instruction. 


J.  W.  LYTLE  v.  SCHOOL  TOWNSHIP  OF  WASHINGTON. 
Appeal  from  Story  County. 

INDEPENDENT  DISTRICT  BOUNDARIES.  It  is  mandatory  upon  the  board  of  a  school 
township  to  include  in  a  proposed  independent  district  all  of  the  territory 
within  the  corporate  limits  of  the  town. 

INCORPORATED  TOWN.  In  the  formation  of  an  independent  district  under  section 
2794  of  the  Code,  all  the  town  must  be  included  in  the  proposed  district,  not- 
withstanding the  fact  that  said  town  was  formerly  located  partly  in  a  school 
township  and  partly  in  a  rural  independent  district. 

BOUNDARIES.  The  extension  of  the  boundaries  of  a  municipal  corporation  ex- 
tends the  boundaries  of  the  independent  district  of  said  municipal  corporation. 

On  February  17,  1900,  at  a  special  meeting  of  the  board  of  directors  of 
the  school  township  of  Washington  there  was  presented  a  petition  of  thirty- 
three  citizens  of  the  town  of  Kelly,  asking  the  establishment  of  an  inde- 
pendent district,  including  therein  all  of  the  incorporated  town. 

After  discussion,  the  matter  was  deferred  for  a  week  in  order  that 
the  board  might  more  thoroughly  investigate  and  obtain  an  opinion  of 
the  county  superintendent,  county  attorney,  and  other  unbiased  counsel, 
if  deemed  necessary. 

At  the  date  fixed  the  board  met  and  established  the  boundary  lines  for 
the  new  district,  as  requested  by  petitioners. 

On  March  6,  1900,  J.  W.  Lytle  et  al.  appealed  from  the  order  of  the 
board  to  the  county  superintendent,  who  reversed  its  action. 

From  the  plat  submitted,  it  is  shown  that  the  town  of  Kelley  is  situated 
on  the  township  line  in  the  townships  of  Washington  and  Palestine,  and  in- 
cludes the  following  territory: 

The  south  three-fourths  of  section  thirty-one  (31),  and  the  south  three- 
fourths  of  section  thirty-two  (32),  west  one-half  of  section  thirty- three 
(33),  range  thirty-three  (33),  township  twenty-four  (24),  in  Washington 
township;  the  northwest  quarter  (1/4),  of  section  four  (4),  north  one-half 
(~Y2)  of  section  five  (5),  and  north  one-half  (y2)  of  section  six  (6),  in 
Palestine  township,  range  eighty-four  (84),  township  twenty-four  (24). 

The  chief  point  in  controversy  is,  has  the  board  of  directors  of  a  school 
township  authority  in  establishing  the  boundary  lines  of  a  proposed  inde- 
pendent district  to  include  in  the  new  district  any  part  of  the  territory 
of  adjacent  rural  independent  districts?  Generally  speaking,  such  terri- 
tory can  not  be  included. 

Section  2794  of  the  code  provides,  however,  that  "upon  the  written 
petition  of  any  ten  voters  of  a  city,  town  or  village  of  over  one  hundred 
residents,  to  the  board  of  the  school  township  in  which  the  portion  of  the 


106  SCHOOL  LAW  DECISIONS 

town  plat  having  the  largest  number  of  voters  is  situated,  such  board  shall 
establish  the  boundaries  of  the  proposed  independent  district,  including 
therein  all  of  the  city,  town  or  village." 

The  section  clearly  indicates  that  it  is  mandatory  upon  the  board  to 
include  in  the  proposed  district  all  of  the  territory  within  the  corporate 
limits  of  the  town,  regardless  of  whether  or  not  the  territory  In  part  be- 
longs to  rural  independent  districts.  Failure  to  do  so  would,  we  think, 
be  a  plain  violation  of  law. 

It  is  true,  as  held  by  the  county  superintendent  in  his  opinion,  that  no 
independent  district  may,  in  the  formation  of  a  new  district,  be  subdivided 
so  as  to  contain  less  than  four  sections  of  land,  except  in  certain  instances 
enumerated  in  section  2798.  It  is  also  true  that  "the  independent  district 
from  which  territory  is  detached  shall,  after  the  change,  contain  not  less 
than  four  government  sections  of  land,"  etc.  (Section  2793.)  We  are  of 
the  opinion  that  these  limitations  apply  to  the  cases  set  forth  in  the  sec- 
tions cited,  and  are  not  applicable  when  it  is  proposed  to  form  an  inde- 
pendent district  containing  an  incorporated  town,  located  largely  in  a 
school  township,  and  in  adjacent  rural  independent  districts. 

On  March  23,  1899,  in  answer  to  the  question:  "Does  the  law  as 
found  in  chapter  eighty-nine  (89),  acts  of  the  twenty-seventh  general  as- 
sembly, contemplate  that  'when  the  corporate  limits  of  any  city  or  town 
are  extended  outside  of  the  existing  independent  district  or  districts,  the 
boundaries  of  said  independent  district  or  districts  shall  be  also  correspond- 
ingly extended,'  without  regard  to  township  or  county  lines,  manner  of 
organization  of  the  district  or  districts  from  which  territory  is  taken,  or 
the  condition  in  which  such  district  or  districts  will  be  left  after  the  terri- 
tory has  been  taken?"  Hon.  Milton  Remley,  attorney-general,  in  concluding 
his  official  opinion  to  the  department  said: 

"My  conclusion  is  that  the  extension  of  the  boundaries  of  a  municipal 
corporation  made  in  the  manner  required  by  law,  extends  the  boundaries 
of  the  independent  districts  of  said  municipal  corporation,  without  any 
action  on  the  part  of  the  school  districts  or  their  officers,  and  regardless 
of  the  effect  of  such  change  upon  the  district  from  which  territory  is 
taken." 

Thus  it  appears  that  while  section  2794  makes  it  the  duty  of  the  board 
to  include  all  of  the  territory  of  the  city,  town  or  village  in  the  formation 
of  a  new  independent  district,  chapter  eighty-nine  (89)  provides  for  the 
enlargement  of  the  boundaries  of  the  independent  district,  whenever  the 
corporate  limits  are  legally  extended.  So  broad  is  this  provision  that  the 
extension  of  the  boundaries  of  the  municipal  corporation,  so  as  to  include 
an  entire  district  or  districts,  correspondingly  extends  the  boundaries  of 
the  independent  district. 

Though  the  opinion  quoted  has  special  reference  to  the  extension  of  the 
boundaries  of  the  municipal  corporation,  we  think  the  holding  applicable 
in  the  case  before  us. 

We  can  not  find  that  the  board  violated  law,  abused  its  discretion,  nor 
acted  with  prejudice  or  malice. 

The  decision  of  the  county  superintendent  is,  therefore,  REVERSED. 

RICHARD  C.  BARRETT, 

July  3,  1900.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS  107 

G.  N.  WILSON  v.  INDEPENDENT  DISTRICT  OF  HITEMAN. 
Appeal  from  Monroe  County. 

EXPULSION  OF  SCHOLAR.  The  board  may,  by  a  majority  vote,  expel  any  scholar 
from  school  for  immorality,  or  for  any  violation  of  the  regulations  or  rules 
established  by  the  board. 

NOTICE.  The  law  does  not  require  school  boards  to  give  parents  or  pupils  no- 
tice or  a  chance  for  defense  before  ordering  suspension  or  expulsion. 

ACTION  OF  THE  BOARD.  Must  be  affirmed  in  the  absence  of  showing  of  malice, 
prejudice,  or  violation  of  law. 

The  majority  of  the  board  of  the  Independent  District  of  Hiteman  ex- 
pelled a  son  of  the  appellant,  a  pupil  in  room  No.  3,  from  the  school  and 
school  grounds  for  bad  and  immoral  conduct.  From  the  action  of  the 
board,  appeal  was  taken  to  the  county  superintendent,  who  sustained  the  bqard, 
and  an  appeal  is  taken  to  the  superintendent  of  public  instruction. 

Section  2782  provides  that  the  board  may,  by  a  majority  vote,  expel 
any  scholar  from  school  for  immorality,  or  for  any  violation  of  the  regula- 
tions or  rules  established  by  the  board;  and  it  may  also  confer  upon  any 
teacher,  principal  or  superintendent  the  power  temporarily  to  dismiss  a 
scholar,  notice  of  such  being  at  once  given  in  writing  to  the  president  of 
the  board. 

The  record  presented  shows  that  the  board  had  by  Rule  No.  2  conferred 
upon  the  principal  the  "power  to  suspend  any  pupil  for  repeated  disobedi- 
ence; for  filthy  or  immoral  habits  or  language,  for  injuring  or  defacing 
school  property,  or  for  any  intentional  violation  of  the  rules."  Under  the 
authority  thus  conferred,  the  principal  did,  on  the  seventeenth  day  of  De- 
cember, 1900,  notify  the  president  of  the  board  of  the  dismissal  of  J. 
Wilson,  for  conduct  unbecoming  a  pupil.  On  the  following  day  the  board 
in  special  session  sustained  the  order  of  the  principal  "until  such  time  as 
his  parents  shall  give  assurance  to  the  school  board  that  he  will  comply 
with  the  rules  of  the  school." 

In  appealing  to  the  county  superintendent,  appellee  alleges  that  said 
pupil  was  "expelled  without  cause  and  without  legal  notice  or  chance  to 
defend."  Appellant  seems  to  have  an  erroneous  idea  regarding  the  power 
of  a  board  to  dismiss  a  pupil.  The  law  does  not  demand  that  the  board 
shall  give  parents  or  pupils  notice  or  chance  for  defense  before  ordering 
suspension  or  expulsion.  The  power  to  expel  a  pupil  is  wholly  within 
the  discretion  of  the  board.  However,  the  undisputed  testimony  of  the 
principal  goes  to  show  that  the  father  of  the  boy  was  notified  by  a  mem- 
ber of  the  board  of  the  meeting  to  be  held  for  the  purpose  of  investigating 
the  case. 

A  careful  examination  of  the  entire  record  submitted  fails  to  reveal 
that  the  action  of  the  board  is  in  any  way  tainted  by  malice  or  prejudice, 
or  that  there  has  been  a  violation  of  law.  In  expelling  the  pupil  until  such 
time  as  he  was  willing  to  conduct  himself  properly  and  obey  the  reason- 
able regulations  of  the  school,  we  think  the  board  acted  in  a  very  conserva- 


108  SCHOOL  LAW  DECISIONS 

tive  and  proper  manner,  and  that  the  county  superintendent  was  justified 
in  sustaining  its  action. 

The  decision  of  the  county  superintendent  is  AFFIRMED. 

RICHARD  C.  BARRETT, 
Superintendent  of  Public  Instruction. 
Des  Moines,  Iowa,  May  27,  1901. 


H.  A.  TOPPING  AND  THOMAS  WILLIAMS  v.   SCHOOL  TOWNSHIP  OF  UNION. 
Appeal  from  Van  Buren  County. 

CORRECTION  OF  DECISION.  The  superintendent,  in  the  discharge  of  his  judicial 
duties,  may,  within  a  proper  time,  recall  and  correct  a  decision  erroneously 
rendered. 

DECISION.  The  county  superintendent  is  warranted  in  rendering  a  decision 
based  upon  certain  conditions. 

This  case  arises  from  the  action  of  the  board  of  directors  of  the  school 
township  of  Union  in  voting  to  remove  the  schoolhouse  in  subdistrict  num- 
ber four  from  its  present  location  to  a  site  one-half  mile  south  and  one  mile 
west. 

Upon  appeal  to  the  county  superintendent,  it  was  shown  that  the  chil- 
dren from  the  families  of  appellants  would  be  nearly  or  quite  two  and  one-half 
miles  from  the  schoolhouse  located  upon  the  new  site.  The  county  superintend- 
ent remanded  the  case  to  the  board  July  1st,  with  the  recommndation  that 
it  make  provision  for  the  schooling  of  the  children  in  adjacent  districts, 
provided  they  desire  to  attend,  "but  if  that  is  not  done  we  will  be  com- 
pelled to  reverse  the  action  of  the  board."  On  July  16th  a  statement 
signed  by  the  president  and  secretary  pro  tern,  of  the  board  of  directors  of 
Union  township  was  filed,  alleging  that  the  board  had  made  arrangements 
to  send  appellants'  children  to  school  in  accordance  with  the  decision. 
On  the  same  date  attorneys  were  notified  that  the  action  of  the  board 
was  sustained.  On  July  23d  counsel  for  appellants  filed  a  statement  from 
the  board  of  directors  of  the  Independent  District  of  Winchester  to  the 
effect  that  "no  provision  has  been  made  with  the  board  of  the  school  town- 
ship of  Union  for  the  schooling  of  the  children  of  Thomas  Williams."  On 
the  following  day  counsel  filed  a  motion,  asking  that  the  decision  rendered 
July  16th  be  set  aside,  since  the  board  had  failed  to  carry  out  its  pro- 
visions. 

In  passing  upon  this  motion  the  superintendent  held,  that  since  notices 
had  been  sent  to  interested  parties  that  the  action  of  the  board  was  sus- 
tained, the  case  was  closed  and  could  neither  be  reopened  nor  the  decision 
set  aside. 

In  this  conclusion  we  think  the  superintendent  unintentionally  erred.  In 
the  case  of  Desmond  v.  the  Independent  District  of  Glenwood,  71  Iowa,  page  23, 
the  supreme  court  held: 

"The  superintendent  of  public  instruction,  in  the  discharge  of  his  ju- 
dicial duties,  has  the  power  to  correct  mistakes  in  rendering  judgments  in 
a  case  before  him  possessed  by  all  courts  and  judicial  officers.  If,  through 
mistake,  he  should  announce  a  decision  differing  from  the  decision  actually 


SCHOOL  LAW  DECISIONS  109 

rendered,  he  possesses  the  power  to  recall  such  an  announcement,  and  pub- 
lish the  decision  correctly;  or  if,  mistakenly,  he  should  render  a  decision, 
he  could,  before  rights  had  been  acquired  under  it,  and  within  a  proper 
time,  upon  discovering  the  mistake,  recall  it  and  decide  rightly."  We 
think  that  the  county  superintendent  has  the  same  power. 

By  the  provisions  of  section  2774  the  board  of  directors  has  power  to 
contract  with  boards  of  other  school  townships  or  independent  districts 
for  the  instruction  of  children  who  live  at  an  unreasonable  distance  from 
their  own  school;  and  we  think  the  county  superintendent  was  warranted 
in  rendering  a  decision  based  upon  certain  conditions. 

The  case  is  remanded  to  him  with  the  suggestion  that  he  reopen  the 
same,  and  give  all  parties  interested  the  opportunity  to  show  clearly  and 
definitely  that  there  has  or  has  not  been  a  compliance  with  the  decision. 

If  such  showing  is  not  made  within  a  reasonable  time,  it  is  recom- 
mended that  he  make  such  decision  as  to  him  appears  just  and  equitable, 
after  taking  into  consideration  the  geographical  position,  number  and  con- 
venience of  pupils.  From  the  decision,  any  party  aggrieved  will  have  the 
right  to  appeal.  REMANDED. 

RICHARD  C.  BARRETT, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  November  13,  1901 . 


F.  E.  HAMMEB  v.  WILL  COOK. 
Appeal  from  Adair  County. 

CONSTITUTIONALITY  OF  LAWS.  It  is  not  the  province  of  the  county  superintend- 
ent or  of  the  superintendent  of  public  instruction  to  determine  the  constitution- 
ality of  the  law,  since  these  officers  exercise  ministerial  rather  than  judicial 
powers,  and  no  appeal  may  be  had  to  the  supreme  court. 

JURISDICTION  OF  SUPERINTENDENT.  It  is  the  duty  of  the  county  superintendent 
and  of  the  superintendent  of  public  instruction  to  give  effect  to  the  law  as 
interpreted  by  the  courts. 

COSTS — TAXING  OF.  The  costs  in  cases  triable  before  the  county  superintendent 
should  be  paid  by  the  party  instituting  the  proceedings  unless  there  were 
good  and  sufficient  reasons  for  beginning  the  action  and  the  allegations  have 
been  proved. 

COSTS — TAXING  THE  CORPORATION.  Under  section  2821,  where  the  county  super- 
intendent could  not  under  her  findings  tax  the  costs  to  the  plaintiff  because 
there  was  reasonable  cause  for  instituting  the  proceeding,  nor  to  the  defendant 
for  the  reason  that  she  had  to  find  for  said  defendant,  she  must  tax  them  to 
the  school  corporation. 

On  the  twelfth  day  of  January,  1904,  Mrs.  Ella  C.  Chantry,  county 
superintendent  of  Adair  county,  in  rendering  a  decision  in  the  above  en- 
titled case,  taxed  the  costs  amounting  to  $51.05  to  the  school  township  of 
Harrison.  Thereupon  the  school  township,  through  its  attorney,  filed  a 
motion  with  the  county  superintendent  to  retax  the  costs,  and  on  the  ninth 


110 


SCHOOL  LAW  DECISIONS 


day  of  February,  1904,  the  motion  was  overruled.  From  this  action  of 
the  county  superintendent,  the  board  of  directors  of  the  school  township  of 
Harrison  appeals  to  the  superintendent  of  public  instruction. 

Two  questions  only  need  be  considered:  First,  had  the  county  superin- 
tendent warrant  in  law  to  tax  the  costs  to  the  school  township;  and,  sec- 
ond, if  she  had  such  warrant,  did  she  abuse  her  discretion  in  so  taxing? 

Section  2821  of  the  code  says: 

"The  county  superintendent  in  all  matters  triable  before  him  shall  have 
power  to  issue  subpoenas  for  witnesses,  which  may  be  served  by  any  peace 
officer,  compel  the  attendance  of  those  thus  served,  and  the  giving  of  evi- 
dence by  them,  in  the  same  manner  and  to  the  same  extent  as  the  district 
court  may  do,  and  such  witnesses  and  officers  may  be  allowed  the  same 
compensation  as  is  paid  for  like  attendance  or  service  in  such  court, 
which  shall  be  paid  out  of  the  contingent  fund  of  the  proper  school  cor- 
poration, upon  the  certificate  of  the  superintendent  to  and  warrant  of  the 
secretary  upon  the  treasurer;  but  if  the  superintendent  is  of  the  opinion 
that  the  proceedings  were  instituted  without  reasonable  cause  therefor, 
or  if,  in  case  of  an  appeal,  it  shall  not  be  sustained,  he  shall  enter  such 
findings  in  the  record,  and  tax  all  costs  to  the  party  responsible  there- 
for." 

The  transcript  of  this  case  shows  that  the  plaintiff,  F.  E.  Hammer,  pre- 
ferred charges  against  Will  Cook,  a  teacher,  and  sought  to  secure  the 
revocation  of  the  certificate  of  said  Cook.  The  two  parties  in  interest  were 
Hammer  and  Cook.  Counsel  for  appellant  argues  that  the  school  township 
"was  in  no  way  made  a  party  to  the  proceedings,  had  no  notice  therein, 
nor  any  opportunity  to  appear,  defend  or  prosecute  said  proceedings;" 
and  that  the  order  of  the  county  superintendent  in  taxing  the  costs  to  the 
school  township,  if  sustained,  would  deprive  the  school  township  of  its 
property  without  due  process  of  law.  It  is,  therefore,  urged  that  section 
2821  of  the  code,  in  so  far  as  it  attempts  to  confer  jurisdiction  to  tax  costs 
to  school  corporations,  where  such  a  school  corporation  was  not  a  party 
to  the  proceedings,  is  unconstitutional,  and  we  are  asked  to  so  declare  it. 
This,  manifestly,  we  can  not  do,  since 'no  appeal  can  be  taken  to  the  su- 
preme court  from  a  decision  of  the  superintendent  of  public  instruction. 
We  are  obliged  to  give  effect  to  the  law  as  it  stands  until  the  same  is 
annulled  by  the  supreme  court.  Section  2821  plainly  makes  it  the  duty 
of  the  county  superintendent  to  tax  the  costs  in  "all  matters  triable  before 
him,"  either  to  the  school  corporation  or  to  the  party  responsible  for  bring- 
ing the  case. 

If  the  county  superintendent  could  not,  under  her  findings,  tax  the  costs 
to  F.  E.  Hammer,  she  was  obliged  to  tax  the  costs  to  the  school  township 
of  Harrison,  and  if  the  constitutionality  of  the  law  under  which  this  power 
was  exercised  is  to  be  questioned,  the  school  township  should  seek  to  secure 
an  order  from  the  district  court  to  set  aside  the  judgment. 

But,  had  F.  E.  Hammer  reasonable  cause  for  instituting  the  proceed- 
ings? The  county  superintendent  in  her  decision  says:  "I  find  that  this 
proceeding  was  begun  in  good  faith  and  that  he  (F.  E.  Hammer)  had  rea- 
sonable cause  for  filing  the  information."  In  support  of  this  conclusion 
the  evidence  shows  that  the  most  serious  allegations  of  the  information 
were  sustained — that  the  teacher  had  resorted  to  methods  of  punishment 
that  can  not  be  approved,  and  that  in  the  course  of  a  fight  with  two  of  the 


SCHOOL  LAW  DECISIONS  111 

large  boys  of  the  school  he  had  used  obscene  and  indecent  language.  But 
there  were  extenuating  circumstances,  and  the  certificate  was  not  re- 
voked, the  superintendent  instead  reprimanding  the  teacher  for  his  errors. 

We  are  of  the  opinion  that  the  costs  in  cases  triable  before  the  county 
superintendent  should  be  paid  by  the  party  instituting  the  proceedings, 
unless  there  is  very  good  cause  for  beginning  the  same  and  the  allega- 
tions are  fully  proved.  In  the  case  before  us  the  allegations  of  the  plain- 
tiff were  sustained  by  the  evidence,  and  while  the  prosecution  was,  no 
doubt,  prompted  in  part  by  malice,  in  the  exercise  of  her  discretionary  pow- 
ers conferred  by  section  2821  of  the  code,  the  county  superintendent  re- 
fused to  tax  the  costs  to  the  plaintiff,  F.  E.  Hammer.  We  do  not  find 
sufficient  cause  for  reversing  this  decision,  it  being  a  well  recognized  rule 
of  the  courts  that  in  the  absence  of  .an  affirmative  showing  of  an  abuse  of 
discretion,  the  presumption  is  that  it  was  properly  exercised.  (58th  Iowa, 
page  131.)  AFFIRMED. 

JOHN  F.  RIGGS, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  May  25,  1904. 


G.  E.  HANCOCK  et  al.  v.  SCHOOL  TOWNSHIP  OF  FRANKLIN. 
Appeal  from  Allamakee  County. 

POWER  OF  COMMITTEE  OF  A  SCHOOL  BOARD.  A  school  board  may  not  confer  upon 
a  committee  authority  to  purchase  a  site,  contract  for  the  erection  of  a  school- 
house  or  perform  any  other  duty  enjoined  upon  the  board  by  the  law. 

SCHOOL  PRIVILEGES — TRANSPORTATION.  While  it  is  incumbent  on  the  board  to 
furnish  reasonable  school  privileges  for  all  the  children  of  the  township,  it  is 
often  the  better  plan  to  transport  pupils  to  existing  schools  than  to  establish 
additional  schools. 

REDISTRICTING — ENTIRE  CORPORATION  CONSIDERED.  A  school  board  in  establish- 
ing subdistrict  boundaries  must  consider  the  interests  of  all  in  the  corporation. 

At  a  regular  meeting  of  the  board  of  directors  of  the  school  township 
of  Franklin,  held  on  the  twenty-first  day  of  March,  1904,  a  motion  was 
adopted  by  unanimous  vote  by  which  the  president  of  the  school  board 
was  empowered  and  instructed  to  "appoint  a  committee  of  three  to  lease 
a  schoolhouse  site  to  set  the  No.  9  schoolhouse  on.  That  this  committee 
be  empowered  to  let  contract  of  moving  schoolhouse,  surveying  school  site, 
and  all  other  work  pertaining  to  such  work,  and  are  authorized  to  draw 
orders  on  the  treasurer  to  pay  for  the  same." 

From  this  action  of  the  board  appeal  was  taken  to  the  county  superin- 
tendent, who,  on  June  6,  1904,  rendered  his  decision  affirming  the  action 
of  the  board,  as  set  forth  in  the  resolution,  and  approving  the  selection  of 
the  site  made  by  the  committee  appointed  under  the  resolution. 

From  this  decision  of  the  county  superintendent  G.  E.  Hancock  et  al. 
appeal  to  the  state  superintendent,  and  ask  a  reversal  on  two  grounds: 

First,  that  the  order  and  proceedings  of  the  school  board  were  unauthor- 
ized, and 


112  SCHOOL  LAW  DECISIONS 

Second,  that,  had  the  action  been  regular,  the  removal  of  the  school- 
house  to  the  location  where  the  testimony  shows  the  committee  proposed 
to  move  it,  would  be  prejudicial  to  the  rights  of  appellants  and  the  school 
patrons  and  tax  payers  of  the  township. 

Section  '2773  of  the  code  makes  it  the  duty  of  the  school  board  to  "fix 
the  site  for  each  schoolhouse,"  and  it  has  been  held  by  this  department 
that  "the  power  to  locate  sites  for  schoolhouses  is  vested,  originally,  ex- 
clusively in  the  board." 

Counsel  for  appellees  contend  that  when  the  action  of  March  21st  was 
taken  it  was  well  understood  by  all  members  of  the  board  where  the 
schoolhouse  was  to  be  placed.  While  this  is  altogether  probable,  it  is  not 
revealed  in  any  way  in  the  records,  and  there  was  nothing  in  the  resolu- 
tion that  limited  the  committee  in  any  particular.  Neither  is  there  any 
record  to  show  that  the  committee  was  to  report  its  findings  back  to  the 
board  for  final  action.  In  fact,  the  contrary  is  inferred,  since  the  com- 
mittee was  "empowered  to  let  contract  for  moving  schoolhouse,  survey- 
ing school  site,  and  all  other  work  pertaining  to  such  work,  and  to  draw 
orders  on  the  treasurer  to  pay  for  the  same." 

We  are  of  the  opinion  that  the  board  clothed  this  committee  with 
powers  which  a  school  board  alone  can  exercise. 

A  committee  of  the  board  may  properly  make  choice  of  a  definite  site 
and  secure  an  option  from  the  owner  of  same,  either  to  lease  or  sell,  and 
then  report  back  to  the  full  board  for  adoption  or  rejection. 

The  fact  that  the  committee  did  make  a  report  to  the  board  on  the 
eighteenth  day  of  June, — twelve  days  after  the  county  superintendent  gave 
his  decision, — does  not  legalize  the  act  of  the  board  in  appointing  the 
committee  with  powers  which  the  board  could  not  legally  delegate.  It  was 
the  evident  intent  of  the  board  when  appointing  the  committee  that  no  report 
was  expected,  at  least  not  until  the  entire  work  of  surveying  the  site  and 
of  moving  the  schoolhouse  should  be  completed.  The  board  was  further 
in  error  in  authorizing  a  committee  of  its  members  to  "draw  orders  on  the 
treasurer."  Section  2780  of  the  code  makes  it  the  duty  of  the  board  to 
"audit  and  allow  just  claims  against  the  corporation,  and  no  order  shall  be 
drawn  upon  the  treasury  until  the  claim  therefor  has  been  audited  and 
allowed." 

Since  the  powers  delegated  to  the  committee  were  unauthorized  by  law, 
it  follows  that  the  work  of  the  committee  can  not  stand.  It  is  thus  unneces- 
sary to  enter  into  a  full  discussion  of  the  second  contention  of  plaintiff, 
viz.:  that  the  site  selected  by  the  committee,  had  it  in  fact  been  regularly 
and  legally  selected,  would  have  been  an  abuse  of  discretion  and  reversible 
error. 

But  since  the  board  will  have  the  whole  question  before  it  anew,  we 
venture  to  suggest  that  in  adjusting  the  subdistrict  boundaries  or  in  chang- 
ing the  location  of  one  or  more  of  the  schoolhouses,  careful  deliberation 
"should  be  had  and  the  strict  form  of  the  law  should  be  adhered  to. 

The  record  of  the  case  shows  that  the  board  has  for  years  attempted 
to  harmonize  conflicting  interests  and  has,  as  we  believe,  sought  in  good 
faith  to  serve  the  interests  of  the  entire  township.  While  it  is  incumbent 
upon  the  board  to  furnish  reasonable  school  privileges  for  all  the  children 
of  the  township,  it  would,  in  our  judgment,  be  unwise  to  create  a  new 
subdistrict  and  establish  an  additional  school.  Last  year  there  were  but 


SCHOOL  LAW  DECISIONS  113 

184  pupils  enrolled  in  the  entire  township  of  Franklin.  In  some  of  the 
schools  of  this  township  the  enrollment  is  now  far  too  small  for  satisfactory 
school  work  or  reasonable  economy  in  the  maintenance  of  the  school. 
A  saner  course  than  the  establishing  of  an  additional  school  would  be  for 
the  board  to  furnish  transportation  for  those  children  remote  from  school. 
Indeed,  we  are  strongly  of  the  opinion  that  some  of  the  schools  now  exist- 
ing could  be  profitably  abandoned  and  the  children  carried  to  another 
school,  which  could  easily  be  made  a  better  school.  We  commend  to  the 
board  a  careful  consideration  of  this  suggestion,  believing  as  we  do  that 
partial  consolidation  of  school  interests  and  transportation  of  pupils  remote 
from  school  will  solve  the  difficult  problem  with  which  the  board  has  been 
contending  for  years.  We  venture  this  suggestion  as  one  of  the  means  of 
meeting  a  difficult  situation  and  at  the  same  time  of  increasing  the  enroll- 
ment and  average  attendance  in  the  township. 

But  whatever  course  the  board  may  take,  the  interests  of  the  entire 
township  must  be  considered  and  an  adjustment  made  that  will  do  prac- 
tical justice  to  all.  It  is  with  the  confident  belief  that  the  board  will  make 
such  adjustment  that  the  case  is  remanded  for  further  consideration  and 
action.  REVERSED  AND  REMANDED. 

JOHN  P.   RIGGS, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  November  14,  1904. 


A.  ENGBEBS  et  al.  v.  SCHOOL  TOWNSHIP  OF  RICHMOND. 

Appeal  from  Mahaska  County. 

RECORDS.  The  secretary's  record  should  show  a  copy  of  each  notice,  a  complete 
account  of  the  transactions  of  all  meetings  of  the  board  and  of  the  eleetors, 
arranged  in  chronological  order,  the  date  of  each  being  given,  the  names  of 
the  members  present  at  each  meeting  of  the  board,  and  the  names  of  those 
voting  for  and  against  each  proposition  acted  upon  by  it. 

RECORD — DEFECTIVE.  A  defective  record  may  render  it  impossible  to  try  a 
case  on  its  merits. 

ELECTION — NOTICE  OF  PROPOSITION.  No  proposition  may  legally  come  before  the 
electors  at  a  regular  or  special  meeting  unless  ten  days'  notice  has  been  given. 
NOTICE  FORM  OF  PROPOSITION.  Tne  proposition  submitted  to  the  electors  must 
not  differ  in  any  essential  from  the  proposition  as  advertised  in  the  notices. 
NOTICE — FORM  OF  PROPOSITION.  The  proposition  submitted  to  the  electors  must 
not  differ  in  any  essential  from  the  proposition  as  advertised  in  the  notices. 
VOTE  OF  ELECTORS — INSTRUCTIONS.  When  the  electors  vote  a  schoolhouse  tax 
to  erect  a  schoolhouse  on  a  particular  site  the  board  is  without  power  to  erect 
it  on  a  different  site. 

JURISDICTION  OF  SUPERINTENDENT.  Neither  the  county  superintendent  nor  the 
superintendent  of  public  instruction  have  jurisdiction  over  questions  arising 
under  the  voting  of  taxes. 

The  transcript  in  this  case  shows  that  on  the  sixth  day  of  March,  1905, 
the  electors  in  Subdistrict  No.  10  of  Richland  township  decided  to  ask  that 
a  tax  be  voted  for  the  erection  of  a  schoolhouse  in  said  subdistrict  on  the 
old  site. 
8 


114  SCHOOL  LAW  DECISIONS 

At  the  annual  meeting  held  one  week  later  the  proposition  was  pre- 
sented to  the  electors,  the  secretary's  record  of  the  proceedings  being  as 
follows: 

"No.  10,  subdistrict,  asked  for  tax  to  build  new  schoolhouse;  amount, 
$700.  They  also  asked  for  new  road  to  schoolhouse;  amount  not  named. 
Motion  made  to  move  schoolhouse  site  one  hundred  rods  south  and  one- 
half  mile  west  in  subdistrict  number  ten  from  what  it  is  now,  providing 
the  tax  for  schoolhouse  carried." 

Eighty-four  ballots  were  cast  for  this  motion,  fifteen  against,  and  one 
blank. 

The  school  board  held  meetings  on  March  twentieth,  April  tenth,  May 
twenty-seventh  and  July  twenty-second.  But  the  record  does  not  show  who 
of  the  members  were  present,  although  the  testimony  would  Indicate  that 
a  majority  of  the  members  were  present  at  each  meeting.  It  appears  that 
no  motion  was  made  or  vote  taken  at  any  one  of  these  meetings  and  the 
secretary,  so  far  as  the  transcript  shows,  took  no  minutes  of  what  may 
have  been  informally  agreed  upon. 

The  following  advertisement  appeared  in  the  New  Sharon  Star  for  four 
consecutive  weeks,  beginning  with  the  issue  of  June  14,  1905: 

Bids  for  Schoolhouse. 

The  school  board  of  Richland  township  will  receive  bids  for  the  building 
of  a  new  schoolhouse  in  Subdistrict  Number  10,  Richland  township,  Ma- 
haska  county,  Iowa.  Plans  and  specifications  are  now  in  the  hands  of  the 
secretary,  with  whom  bids  may  be  left.  Said  bids  will  be  opened  July  22. 
1905.  The  board  reserves  the  right  to  reject  any  and  all  bids. 

MAMIE  LINDSLET,  Sec., 

Peoria,  Iowa. 

Bids  were  opened  and  the  contract  awarded  July  22d,  and  on  the  same  date 
appeal  was  taken  to  the  county  superintendent  who,  after  admitting  an 
amendment  to  the  affidavit  of  appeal,  proceeded  with  the  trial  and  rendered 
a  decision,  ordering  the  schoolhouse  to  be  placed  on  the  old  site.  From  this 
decision  of  the  county  superintendent  the  board  of  directors  appeal  to  the 
superintendent  of  public  instruction. 

We  can  not  condemn  too  strongly  the  careless  manner,  both  in  transact- 
ing the  business  and  in  keeping  the  records  in  this  school  township.  The 
secretary's  records  should  show  copies  of  all  notices  posted,  a  complete 
record  of  all  business  "transacted  at  the  annual  meeting  of  electors,  the 
date  of  every  meeting  of  the  board  and  the  place  held,  the  members  present, 
the  votes  taken,  and  every  important  item  of  business  transacted.  Par- 
ticularly in  all  matters  relating  to  the  voting  of  taxes  and  expending  of 
public  money  the  records  should  be  full  and  explicit.  But  in  the  case  at 
bar,  with  four  meetings  of  the  board  held,  and  important  questions  involving 
the  expenditure  of  public  money  determined,  there  is  no  evidence  that  the 
business  transacted  at  any  of  these  meetings  was  made  a  matter  of  record. 
While  there  is  nothing  in  the  testimony  to  show  that  the  board  acted  in 
bad  faith  or  purposely  sought  to  deceive,  the  record  is  so  incomplete  that 
the  actions  from  which  appeal  is  sought  to  be  made  could  not  be  easily 
located  or  the  nature  of  the  action  clearly  determined. 


SCHOOL  LAW  DECISIONS  115 

The  transcript  in  the  case  does  not  give  a  copy  of  the  notice  of  the 
annual  meeting  (required  by  section  2746  of  the  code),  and  the  record  is 
silent  as  to  what  said  notice  contained.  This  omission  is  unfortunate, 
for  the  whole  question  of  the  legality  of  the  action  taken  by  the  electors 
and  the  •  subsequent  actions  of  the  board  rests  upon  the  contents  of  this 
notice.  Section  2749  of  the  code  enumerates  certain  powers  the  electors 
may  exercise  when  assembled  at  the  annual  meeting  on  the  second  Monday 
in  March,  among  others  the  power  to  vote  a  schoolhouse  tax  for  the  pur- 
chase of  grounds  and  the  construction  of  schoolhouses.  Section  2746  pro- 
vides that  the  secretary  of  the  board  of  directors  shall  give  not  less  than 
ten  days'  notice  of  said  meeting  by  posting  notices  in  at  least  five  public 
places  in  the  corporation,  said  notices  to  specify  "the  place,  day,  hours 
during  which  the  meeting  will  be  in  session,  specifying  the  number  of 
directors  to  be  elected  and  the  terms  thereof,  and  such  propositions  as  will 
be  submitted  to  and  determined  by  the  voters. " 

In  the  case  of  Goerdt  v.  Trumm,  118  Iowa,  page  207,  the  supreme  court 
holds  that  none  of  the  propositions  enumerated  under  section  2749  can  be 
legally  acted  upon  by  the  electors  at  the  annual  meeting  unless  specific 
and  legal  notice  has  been  given  that  such  proposition  or  propositions  will 
be  submitted.  In  the  case  at  bar,  with  the  incomplete  transcript,  we  are 
unable  to  know  whether  or  not  the  action  taken  by  the  electors  March 
thirteenth  was  legal. 

The  preponderance  of  the  testimony  shows  that  the  motion  voted  upon 
was  understood  by  the  electors  to  combine  two  propositions,  viz.:  the 
location  of  the  site  and  the  voting  of  the  tax.  If  then  the  notices  previously 
posted  by  the  secretary  stated  that  the  question  of  voting  a  tax  to  build  on 
a  site  at  or  near  one  hundred  rods  south  and  one-half  mile  west  of  the  old 
site  would  be  submitted,  the  vote  on  such  question  locating  the  school- 
house  and  voting  the  tax  for  its  erection  was  legal  and  the  board  was 
without  power  to  select  a  different  site. 

While  the  record  is  entirely  silent  as  to  the  contents  of  the  notice  of 
the  annual  meeting  posted  by  the  secretary,  it  is  improbable  that  any 
mention  was  made  in  such  notice  that  a  change  of  site  was  contemplated, 
for  Mr.  W.  S.  Lindsley,  in  his  testimony,  says:  "At  the  annual  meeting  I 
made  the  suggestion  that  we  change  the  scholhouse  site  from  where  it  was 
to  one  hundred  rods  south  and  a  half  mile  west."  It  appears  that  this 
suggestion  was  made  for  the  first  time  at  the  annual  meeting,  and  that  it 
had  not  been  mentioned  in  the  written  notices  posted  by  the  secretary 
ten  dayi  before,  and  therefore  could  not  be  considered  by  the  electors.  If 
no  notice  of  the  site  proposition  was  given,  the  fact  that  it  was  coupled  with 
the  tax  proposition  would  invalidate  the  entire  vote,  even  if  legal  notice  as 
to  the  tax  proposition  had  been  given,  the  rule  being  that  the  proposition 
as  voted  upon  must  not  differ  in  any  essential  from  the  proposition  as  ad- 
vertised. 

If  then  the  electors  acted  within  their  rights  in  voting  the  tax  and  the 
location,  the  board  was  under  the  necessity  of  carrying  out  the  instruction 
given.  (Rodgers  v.  School  District  of  Coif  ax,  100  Iowa,  317.)  If  on  the 
other  hand  the  action  of  the  electors  in  voting  the  tax  and  the  location  was 
illegal,  no  tax  could  be  legally  raised  and  no  schoolhouse  could  be  legally 
constructed.  In  either  case  an  appeal  would  not  lie.  If  the  whole  pro- 
cedure has  been  without  warrant  of  law,  as  we  suspect,  the  board  may  be 


116  SCHOOL  LAW  DECISIONS 

enjoined  from  collecting  or  applying  any  public  funds  for  the  payment  of 
site  or  construction  of  school  building. 

The    county    superintendent   was    without    jurisdiction,    and    the   case    is 
therefore  DISMISSED. 

JOHN  F.   RIGGS, 

Superintendent  of  Public  Instruction, 
Des  Moines,  Iowa,  November  27,  1905. 


ROSE  BYENE  v.  INDEPENDENT  SCHOOL  DISTRICT  OF  STBUBLE. 
Appeal  from  Plymouth  County. 

DISMISSAL  OF  TEACHER— CHARGES.  Charges  to  warrant  a  dismissal  must  be 
specific  and  sustained  by  evidence.  Indefinite  and  anonymous  complaints  are 
insufficient. 

DISMISSAL  OF  TEACHER — APPEAL — BURDEN  OF  PROOF.  In  a  trial  before  the 
county  superintendent  on  an  appeal  'from  an  action  of  the  school  beard  dis- 
missing a  teacher  the  burden  of  proof  is  on  the  board. 

On  the  twenty- third  day  of  January,  1906,  the  board  of  directors  of  the 
Independent  District  of  Struble  met  in  special  meeting  to  investigate  cer- 
tain charges  preferred  against  Rose  Byrne,  a  teacher  in  the  employ  of  said 
board.  At  said  meeting  seven  communications  (one  of  them  anonymous), 
addressed  to  the  school  board,  were  read.  Each  of  these  communications 
contained  one  or  more  complaints  against  defendant  teacher.  At  said  meet- 
ing Miss  Byrne  was  represented  by  her  attorney  and  filed  a  denial  of  the 
charges.  The  transcript  does  not  show  that  any  evidence  was  introduced 
before  the  board  in  support  of  the  charges,  but  that,  after  hearing  the 
complaints  read  and  the  denial  by  defendant  teacher,  a  motion  to  dismiss 
Miss  Byrne  at  once  was  carried,  three  of  the  four  directors  present  voting 
in  the  affirmative.  Appeal  was  taken,  and  the  case  coming  on  for  hearing 
before  the  county  superintendent,  the  action  of  the  board  was  reversed  and 
Miss  Byrne  ordered  reinstated  in  her  position  ia  the  Struble  school,  where- 
upon the  board  appealed  to  the  superintendent  of  public  instruction. 

The  case,  as  we  view  it,  involves  the  question: 

First.  Can  a  board  discharge  a  teacher  on  complaints  general  in  char- 
acter and  without  the  introduction  of  evidence  to  fully  substantiate  the 
same? 

Second.  In  an  appeal  to  the  county  superintendent  from  a  decision  of 
the  board  in  dismissing  a  teacher,  is  the  burden  of  proof  upon  the  board 
or  upon  the  teacher? 

Section  2782  of  the  code  provides  that  a  teacher  may  be  discharged  for 
"incompetency,  inattention  to  duty,  partiality,  or  for  any  good  cause." 

While  the  boards  are  given  large  discretion  and,  in  the  trial  of  such 
cases,  are  not  required  to  observe  the  strict  forms  of  a  court  of  law,  it  is 
necessary  that  they  make  thorough  investigation  of  charges  lodged;  that 
the  charges,  if  proven  true,  be  of  sufficient  consequence  to  warrant  a  ter- 
mination of  the  contract,  and  that  such  charges  be  specifically  set  out  and 
clearly  proven. 


SCHOOL  LAW  DECISIONS  117 

In  the  case  at  bar  the  charges  were  so  general  in  character,  and  some  of 
them  so  trivial,  that  full  testimony  from  creditable  fitnesses  would  be 
required  to  convince  any  court  of  review  that  they  were  sufficient  to  war- 
rant the  board  in  dismissing  the  teacher.  Such  testimony  was  not  given 
before  the  board.  It  was  therefore  the  duty  of  the  county  superintendent 
upon  appeal  to  take  evidence  and  determine  the  very  case  the  board  had 
determined.  (S.  L.  2819.)  When  the  case  was  before  the  board,  the 
burden  of  proof  was  unquestionably  upon  that  body.  The  prosecution  must 
establish  the  guilt  of  the  accused,  not  the  accused  proved  her  innocence.  If 
the  board,  without  examining  a  witness  or  taking  a  word  of  testimony  that 
would  have  standing  in  any  court  of  law,  can  discharge  a  teacher,  such 
board  can  not  in  the  hearing  before  the  county  superintendent  insist  that 
the  burden  of  proof  is  upon  the  teacher.  While  the  county  superintendent 
must  give  due  weight  to  the  decision  of  the  board,  and  will  not  reverse 
the  board  except  upon  a  clear  showing  of  violation  of  law  or  abuse  of 
discretion,  he  can  not  require  the  teacher  to  offer  testimony  in  proof  of 
her  innocence  when  the  board  has  Introduced  no  testimony  to  prove  her 
guilt. 

The  decision  of  the  county  superintendent  is  AFFIBMED. 

JOHN  F.  RIGGS, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  March  27,  1906. 


118  INDEX  TO  APPEAL  CASES 


INDEX  TO  APPEAL  GASES 


PAGE 

Abuse  of  Discretion.  The  board  may  not  substitute  its  own  discretion 

for  the  clearly  expressed  instruction  of  the  electors 81 

Action  of  Board.  Must  be  affirmed  in  the  absence  of  showimg  of  malice, 

prejudice  or  violation  of  law 107 

Affidavit.  An  affidavit  is  a  statement  in  writing  of  the  errors  com- 
plained of,  signed  and  made  upon  oath  before  an  authorized  mag- 
istrate    5 

The  affidavit  answers  its  leading  purpose  if  it  sets  forth  the  errors  com- 
plained of  with  such  clearness  that  the  proper  transcript  may  be 
secured  6 

A  technical  error  in  the  affidavit  n'ot  prejudicial  to  either  party  will  not 

defeat  the  appeal 53 

The  affidavit  may  be  amended  when  such  action  is  not  prejudicial  to 

the  rights  of  any  one  interested 62,  72 

Must  be  accepted  if  sufficient  to  give  the  appellant  a  standing '      72 

Appeal.  An  appeal  may  be  taken  from  the  refusal  of  the  county  superin- 
tendent to  investigate  charges  brought  against  a  teacher 14 

A  case  whose  main  purpose  is  to  determine  the  validity  of  an  order  on 
the  district  treasury,  or  the  equity  of  a  claim,  can  not  be  entertained 
on  appeal  to  the  county  superintendent 16 

Appeal  may  not  be  taken  from  an  action  or  order  complying  with  the 
terms  of  a  contract  previously  made,  nor  from  an  action  authoriz- 
ing the  issuance  of  an  order  in  payment  of  a  debt  contracted  by 
previous  action  of  the  board 16 

The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters 
within  their  control,  is  mandatory;  from  such  action  of  the  board 
no  appeal  can  be  taken.  If  such  action  is  tainted  with  fraud,  an 
application  to  a  court  of  law  is  the  proper  remedy 20 

The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the 
•decision  or  order  complained  of.  Ordinarily  a  person  living  in  one 
subdistrict  can  not  appeal  from  an  action  of  the  board  locating  a 
site  in  another 21 

Appeal  will  not  lie  to  determine  the  constitutionality  of  a  law 109 

The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old 

schoolhouse  site,  is  an  action  from  which  appeal  may  be  taken ....  22 

The  action  of  two  boards  upon  a  subject  over  which  they  have  divided 
control  constitutes  a  concurrent  action,  and  appeal  may  be  taken 
only  from  the  order  of  the  board  taking  action  last 30 

May  be  taken  by  any  resident  aggrieved  by  an  action  of  the  board 33 

The  hearing  is  not  to  be  conducted  by  a  rigid  adherence  to  the  technical 

forms  and  customs  which  prevail  in  the  courts 44 

Will  not  lie  to  control  the  action  of  a  board  or  of  the  county  superin- 
tendent, where  concurrence  is  provided  for 48 

An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a  change  in 
boundaries,  where  the  concurrence  of  the  board  of  an  adjoining  dis- 
trict is  necessary  to  effect  the  change 49 


INDEX  TO  APPEAL  CASES  119 

PAGE 

Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the 
board  concurring,  or  refusing  to  concur,  but  not  from  the  order 
of  the  board  taking  action  first 49,  58 

May  be  taken  from  the  action  of  the  board  in  laying  the  subject-matter 

of  a  petition  on  the  table 69 

Will  lie  from  an  action  of  the  board  which  is  made  a  matter  of  record .  .       69 

Mere  technical  objections  should  not  prevent  the  fullest  presentation  of 

the  merits  of  the  case,  in  the  trial  pf  an  appeal ' 72 

Will  not  lie  from  joint  action  of  boards  making  settlement  of  assets  and 

liabilities  80 

The  superintendent  of  public  instruction  may  not  entertain  an  appeal  un- 
less thirty  days'  notice  of  such  appeal  has  been  served  upon  the 
adverse  party 82 

Should  be  conducted  with  fairness  and  impartiality 93 

The  law  does  not  require  the  filing  of  a  bond  for  costs  or  the  giving  of 

security  therefor  as  a  condition  necessary  to  perfect  an  appeal ....  98 

It  is  the  evident  intent  of  the  law  to  make  it  possible  for  aggrieved 
parties  to  have  a  hearing  with  the  least  possible  delay  and  annoy- 
ance, and  at  the  lowest  expense 98 

An  appeal  may  be  taken  from  the  decision  of  the  board  to  place  a  peti- 
tion on  the  table „. 101 

Attendance.  An  actual  resident  may  not  be  denied  equal  school  advan- 
tages with  other  residents 68 

Board  of  Directors.  The  board  shall  be  sustained  in  all  legitimate  and 
reasonable  measures  to  maintain  order  and  discipline,  to  uphold  the 
rightful  authority  of  the  teacher,  and  to  prevent  or  suppress  In- 
subordination in  the  school 17 

If  in  the  selection  of  a  site  the  board  violates  law  or  abuses  its  discre- 
tionary power,  its  action  may  be  reversed  on  appeal 20 

The  board,  though  not  bound  by  a  vote  of  the  electors  directing  the  pre- 
cise location  of  a  schoolhouse  site,  Is  required  to  so  locate  it  as  to 
accommodate  the  people  for  whom  it  Is  designed 20 

The  action  of  the  board  can  not  be  reversed  upon  the  allegations  of 

appellant  without  proof,  or  by  reason  of  failure  to  make  defense.  .  22 

The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just,  and 

should  be  affirmed  unless  proof  is  brought  to  show  the  contrary.  .  22 

The  acts  of  the  board  must  be  presumed  to  be  regular  and  should  be 

affirmed  unless  positive  proof  is  brought  to  show  the  contrary.  ...  24 

Its  action  is  presumed  to  be  correct  and  for  the  interest  of  the  district, 

until  proved  to  be  otherwise 61 

Has  full  power  to  provide  and  enforce  a  course  of  study 66 

May  adopt  its  own  course  to  decide  the  question  of  actual  residence ....       68 

In  locating  a  site  the  board  acts  wisely  in  taking  into  consideration  the 

prevailing  sentiment  of  the  people 70 

In  exercising  its  power  in  a  semi-judicial  capacity,  the  board  should  be 

able  to  show  the  very  best  reasons  for  its  conclusions 75 

It  is  the  first  duty  of  the  board  to  co-operate  with  and  assist  the  teacher 

in  the  conduct  of  the  school 75 

Is  required  by  the  law  to  visit  the  school  and  to  aid  and  sustain  the 

teacher  in  maintaining  order  and  discipline 78 

A  teacher  can  not  be  discharged  by  the  board,  except  after  a  full  and 

fair  investigation #4?  86 

The  board  of  directors  of  a  school  corporation  has  no  jurisdiction  over 

children  after  the  termination  of  the  school  year .. 95 

Pupils  may  be  expelled  by  the  board  for  immorality,  violation  of  the 
regulations  and  rules  established  by  the  board,  or  when  their  pres- 
ence is  detrimental  to  the  best  interests  of  the  school 95 

The  board  may  not  dismiss  a  teacher  for  refusing  to  teach  grades  other 

than  those  named  in  the  contract 103 

The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice 

or  a  chance  for  defense  before  ordering  suspension  or  expulsion ...  107 


120  INDEX  TO  APPEAL  CASES 

PAGE 

The  board  may,  by  a  majority  vote,  expel  any  scholar  from  school  for 
immorality,  or  for  any  violation  of  the  regulations  or  rules  estab- 
lished by  the  board 107 

May  not  invest  a  committee  with  certain  powers Ill 

Must    provide    school    privileges — Transportation Ill 

In  establishing  districts,  must  take  into  consideration  entire  corpora- 
tion    Ill 

Bond  for  Costs.  The  law  does  not  require  the  filing  of  a  bond  for  costs 
or  the  giving  of  'security  therefor  as  a  condition  necessary  to  per- 
fect an  appeal '. 98 

Boundaries.     Must  conform  to  congressional  divisions  of  land 33 

Of  subdistricts,  changed  between  September   (July  1)   and  March.  .  .  .-.       34 

In  the  determination  of  district  and  subdistrict  boundaries,  temporary 
expenditures  and  individual  convenience  should  be  subordinated  to 
the  more  important  considerations  relating  to  simplicity  of  outline, 
compactness  of  shape,  uniformity  of  size,  and  permanence  of  sites 
and  boundaries 55 

The  boundaries  of  a  proposed  independent  district  organized  under  the 
provisions  of  section  2794  of  the  code,  must  include  all  of  the  city, 
town  or  village,  and  also  such  contiguous  territory  as  is  petitioned 
for  by  a  majority  of  the  resident  electors 74,  105 

The  extension  of  the  boundaries  of  a  municipal  corporation  extends 
the  boundaries  of  the  independent  district  of  said  municipal  cor- 
poration   105 

Certificate.  The  county  superintendent  may  refuse  to  entertain  a  peti- 
tion for  the  revocation  of  a  teacher's  certificate 14 

The  county  superintendent  is  charged  with  the  responsibility  of  refus- 
ing to  issue  a  certificate  to  any  person  unless  fully  satisfied  that 
the  applicant  possesses  the  essential  qualifications  demanded  of 
teachers  by  law 45 

The  county  superintendent  is  his  own  judge  as  to  how  fully  he  will  give 

the  applicant  reasons  for  the  refusal  of  a  certificate 45 

The  decision  of  a  county  superintendent  refusing  a  certificate  will  not 
be  interfered  with  on  appeal  unless  it  appears  that  he  acted  from 
passion  or  prejudice 38,  99 

The  county  superintendent  should  require  proof  that  the  applicant  for  a 
certificate  possesses  good  moral  character,  unless  he  has  personal 
knowledge  of  the  same 99 

The  county  superintendent  is  fully  justified  in  refusing  a  certificate  to  an 
applicant  who  fails  to  furnish  satisfactory  evidence  of  good  moral 
character  99 

Certiorari.  A  fraudulent  or  illegal  action  may  be  corrected  by  applica- 
tion to  a  court  for  a  writ  of  certiorari 20 

Charges.     Must  be  clearly  sustained  by  the  evidence 36 

Must    be    specific 

Claims.  Just  claims  against  the  district  can  be  enforced  only  in  the 

courts  13 

Contested  Election.  The  proper  method  of  determining  a  contested  elec- 
tion for  school  director  is  by  an  action  brought  in  the  district 
court  9 

Contract.  It  is  the  province  of  the  courts  of  law  to  decide  as  to  the  valid- 
ity of  a  contract 68 

Made  by  a  committee  requires  the  approval  of  the  board  in  session .  .       13 

A  refusal  of  the  teacher  to  agree  to  a  change  in  a  legal  contract  with 

the  board  is  no  ground  for  discharge 103 

Correction  of  Decision.  The  superintendent,  in  the  discharge  of  his  judi- 
cial duties,  may,  within  a  proper  time,  recall  and  correct  a  decision 
erroneosuly  rendered 108 

Costs  of  Appeal.  Before  an  appeal  from  the  order  of  the  county  superin- 
tendent taxing  costs  can  be  entertained  by  the  superintendent  of 
public  instruction,  a  motion  to  retax  such  costs  should  be  filed  with 
the  county  superintendent 82 


INDEX  TO  APPEAL  CASES  121 

PAGE 

The  law  does  not  require  the  filing  of  a  bond  for  costs  or  the  giving  of 

security  therefor  as  a  condition  necessary  to  perfect  an  appeal .  .       98 

When  taxed  to  party  bringing  action 109 

When  taxed  to  school  corporation 109 

County  Superintendent.  Has  no  juricdiction  of  an  appeal  until  an  affi- 
davit is  filed  in  his  office.  The  appeal  must  be  taken  by  affidavit.  .  .  5 

The  weight  that  properly  attaches  to  the  discretionary  actions  of  a  tri- 
bunal vested  with  original  jurisdiction,  does  not  apply  to  the  de- 
cisions of  an  inferior  appellate  tribunal 22 

May  make  a  conditional  ruling,  by  which  his  own  decision  will  be  gov- 
erned   27 

The  "county  superintendent  is  not  limited  to  a  reversal  or  affirmance  of 
the  action  of  the  board,  but  he  determines  the  same  questions 
which  it  had  determined .27 

A  county  superintendent  should  not  ask  the  state  superintendent  to  de- 
cide a  case  on  appeal  for  him,  but  may  ask  for  an  interpretation  of 
law,  either  by  the  state  superintendent,  or  through  him,  by  the 
attorney-general  .  .  .  .- 32 

Does  not  have  the  power  to  interpret  the  legal  value  of  a  contract.  ...       67 

Should  reverse  the  action  of  the  board  only  upon  the  clearest  and  most 

explicit  proof  of  abuse  of  discretion 70 

Should  give  effect  to  the  law 

Unless  a  marked  abuse  of  discretionary  power  is  clearly  and  con- 
clusively proved,  his  action  in  refusing  or  revoking  a  certificate  will 
not  be  interfered  with  on  appeal 71 

On  appeal  may  do  no  more  than  the  board  might  have  done 77 

Should  dismiss  an  appeal  as  soon  as  it  becomes  certain  that  the  leading 

issue  may  be  heard  and  decided  only  by  a  court  of  law 80 

The  county  superintendent  has  only  appellate  jurisdiction  and  should 
sustain  the  action  of  the  board  unless  it  is  clearly  shown  the  board 
violated  or  abused  its  discretion 86 

On  appeal,   the  county  superintendent  can  make   such   order  touching 

boundaries  as  the  board  should  have  made 88 

Has  large  discretionary  power  in  the  matter  of  issuing  or  withholding 
certificates,  and  his  decision  will  not  be  reversed  unless  it  is  clearly 
shown  that  he  was  prompted  by  prejudice  or  ill-will,  or  acted  With 
manifest  injustice 99 

He  may  refuse  to  enroll  such  persons  as  members  of  the  normal  insti- 
tute as  he  has  reason  to  believe  are  morally  deficient 99 

He  should  require  proof  that  the  applicant  for  a  certificate  possesses 
good  moral  character,  unless  he  has  personal  knowledge  of  the 
same 99 

He  may,  within  a  proper  time,  recall  and  correct  a  decision  erroneously 

rendered    108 

He  is  warranted  in  rendering  a  decision  based  upon  certain  conditions.  .      108 

Discharge  of  Teacher.  A  teacher  can  not  be  discharged  by  the  board  ex- 
cept after  a  full  and  fair  investigation 84 

The  teacher  is  entitled  to  a  reasonable  time  to  prepare  for  and  make 

defense    84 

The  action  of  the  board  in  discharging  a  teacher,  after  a  full  and  fair 
investigation,  will  not  be  reversed  unless  it  is  clearly  shown  that 
the  board  violated  law,  abused  its  discretion,  or  acted  with  mani- 
fest injustice 86 

The  board  may  not  dismiss  a  teacher  for  refusing  to  teach  grades  other 

than  those  named  in  the  contract 103 

Charges   necessary 116 

Burden  of  proof 116 

Discretionary  Acts.     Should  not  be  disturbed  except  upon  evidence  of 

unjust  exercise  of  discretion 5 

The  decision  of  the  authority  having  original  jurisdiction  is  entitled  to 

much    consideration -14 


122  INDEX  TO  APPEAL  CASES 

PAGE 

Suggestions  from  the  electors  upon  matters  entirely  within  the  control  of 
the  board  will  in  no  manner  prevent  the  fullest  exercise  of  the 
discretion  vested  in  the  board  by  the  law 29 

Abuse  of  discretion  is  not  established  by  testimony  showing  that  a  differ- 
ent action  would  have  been  preferred  by  the  electors 34 

Action  by  the  board  unduly  delaying  the  final  consideration  of  an  im- 
portant matter  may  be  regarded  as  an  evidence  of  prejudice 39 

In  the  exercise  of  discretion,  the  benefit  of  every  reasonable  doubt  must 

be  given  in  favor  of  the  correctness  of  official  acts 44 

Unless  a  marked  violation  of  the  large  discretion  vested  in  the  county 
superintendent  is  proved  clearly  and  conclusively,  his  action  in  re- 
fusing  or   revoking   a   certificate   will   not   be   interfered    with   on  • 
appeal 45 

In  the  absence  of  proof  that  the  board  has  abused  the  authority  given  it 
by  the  law,  its  orders  will  not  be  set  aside,  although  another  decision 
might  to  many  seem  preferable 57 

It  is  not  the  province  of  an  appeal  to  discover  and  to  correct  a  slight 
mistake.  The  board  alone  must  bear  any  blame  that  may  attach 
to  a  choice  deemed  by  appellants  somewhat  undesirable,  but  not 
an  unwise  selection  to  such  a  degree  as  to  indicate  an  abuse  of  the 
discretion  ordinarily  exercised 57 

To  warrant  interference  with   a  discretionary  act,   abuse  of  discretion 

must  be  proved  beyond  a  reasonable  doubt 57 

In  the  determination  of  appeals,  the  weight  which  properly  attaches  to 
the  discretionary  actions  of  a  tribunal  vested  with  original  jurisdic- 
tion should  not  be  overlooked 61 

The  fact  that  some  other  action  would  have  been  desirable  or  preferable 

does  not  establish  that  the  board  abused  its  discretion 61 

The  order  complained  of  is  reviewed  not  to  discover  the  desirability  of 
the  action,  but  to  determine  whether  sound  reason  and  wise  dis- 
cretion were  followed 61 

The  order  of  a  board  should  be  reversed  only  upon  the  plain  showing 

that  the  law  has  been  violated  or  discretion  grossly  abused 66 

An  appellate  tribunal  is  not  to  decide  mainly  whether  the  action  com- 
plained of  was  wise,  or  the  best  that  might  have  been  taken,  but 
simply  whether  a  reversal  is  required  by  the  evidence 74 

The  board  may  not  substitute  its  own  discretion  for  the  clearly  ex- 
pressed instruction  of  the  electors 81 

Transportation  of  pupils  is  discretionary  with  the  board   of  directors, 

but  may  often  be  a  better  plan  than  providing  additional  schools.  .     m 

District  Organization.     The  county  superintendent  has  no  jurisdiction  to 

determine  the  validity  of  district  organization 34 

Election.  The  certificate  of  the  officers  of  the  subdistrict  meeting  is  the 
legal  evidence  of  election  as  subdirector,  and  as  a  general  rule  a 
board  of  directors  is  justified  in  declining  to  recognize  a  person  as  a 
member  of  the  board  until  he  produces  such  certificate 9 

The  boundaries  of  a  proposed  independent  district  having  been  fixed, 
it  is  the  duty  of  the  board  to  give  notice  of  a  meeting  of  the  voters 
of  the  territory  included  in  the  proposed  district 88 

Notice    necessary 113 

Electors.     The  electors  are  the  sole  and  final  judges  of  the  desirability 

of  a  separate  organization 88 

Evidence.  Where  the  law  requires  the  evidence  of  a  transaction  to  be 
in  writing,  oral  evidence  can  be  substituted  only  if  the  writing  can 
not  be  produced 9 

To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive  testi- 
mony must  be  introduced,  and  the  evidence  must  be  conclusive ...  86 

Existing  School.  The  order  expelling  a  scholar  must  be  from  an  existing 
school.  The  scholar's  relationship  with  the  school  is  severed  when 
the  school  year  has  closed  and  vacation  has  begun 93 


INDEX  TO  APPEAL  CASES  123 

PAGE 

Expenditure  of  Money.  When  money  is  voted  by  the  electors  for  a 
specified  purpose,  or  where  they  couple  certain  directions  with  their 
vote  when  authorizing  the  expenditure  of  money,  such  directions  or 
vote  may  not  be  disregarded  by  the  board 100 

Expulsion  of  Pupils.  Pupils  may  be  expelled  by  the  board  for  Immoral- 
ity, violation  of  the  regulations  and  rules  established  by  the  board 
or  when  their  presence  is  detrimental  to  the  best  interests  of  the 
school 93,  105 

The  order  expelling  a  scholar  must  be  from  an  existing  school 93 

The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice 

or  a  chance  for  defense  before  ordering  suspension  or  expulsion .  .      105 

Hearing.  If  the  county  superintendent  can  not  hear  testimony  for 
parties  at  the  time  set  for  hearing,  he  should  give  the  parties  ample 
time  later  to  make  a  clear  and  full  presentation  of  their  cause ....  93 

Highway.     If  possible,  every  schoolhouse  site  should  be  upon  a  public 

highway    27 

Independent  District.  The  boundaries  outside  the  town  plat  depending 
upon  the  petition  of  the  electors,  such  boundaries  may  not  be  fixed 
until  petitioned  for 77 

The  provision  of  section  2794  of  the  code,  requiring  the  board  of  a 
school  township,  upon  proper  petition,  to  establish  the  boundaries 
of  a  proposed  independent  district,  is  mandatory 88 

In  the  formation  of  an  independent  district  under  section  2794  of  the 
code,  all  the  town  must  be  included  in  the  proposed  district,  not- 
withstanding the  fact  that  said  town  was  formerly  located  partly 
in  a  school  township  and  partly  in  a  rural  independent  district.  .  .  .  105 

Injunction.     The  execution  of  a  fraudulent  vote  of  the  electors  may  be 

prevented  by  a  writ  from  a  court  of  law 15 

Janitorial  Services.  If  a  teacher  serves  as  janitor  in  sweeping  the  room 
and  building  fires,  he  should  be  paid  from  the  contingent  fund  for 
such  services 31 

Jurisdiction.  An  application  for  an  appeal  filed  within  thirty  days  from 
the  act  complained  of  will  not  give  the  county  superintendent  juris- 
diction of  the  case 5 

The  county  superintendent  does  not  have  jurisdiction  of  cases  involving 

a  money  demand 12 

The  county  superintendent  has  jurisdiction  only  of  the  matter  to  which 

the  appeal   relates 21 

An  appeal  will  not  lie  to  enforce  a  contract 30 

A  former  order  of  the  board,  or  a  decision  of  the  county  superintendent 
on  appeal,  will  not  operate  to  prevent  the  board  from  exercising  its 
discretion  anew,  when  good  reasons  exist  for  such  action 44 

In  most  matters  with  which  boards  have  to  do  under  the  law,  their 
authority  and  responsibility  are  absolute,  and  their  jurisdiction  is 
complete  and  exclusive 44 

The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than  that  of  the 

board   from  whose  action  the  appeal  is  taken 50 

When  its  order  is  affirmed,  the  board  is  left  free  to  take  another  action, 

if  thought  best 57 

In  change  of  boundaries  by  two  boards,  an  appellate  tribunal  acquires 
only  the  same  power  possessed  by  the  board  from  whose  action 
appeal  is  taken,  and  may  do  no  more  than  to  affirm  the  order,  or  to 
reverse  and  do  what  the  board  refused  to  do 58 

It  is  very  undesirable  to  bring  matters  involving  a  money  consideration 

before  the  county  superintendent  on  appeal 80 

The  board  of  directors  of  a  school  corporation  have  no  jurisdiction  over 

children  after  the  termination  of  the  school  year 95 

Majority  Vote.  Of  whole  board  required  to  change  subdistrict  bound- 
aries    34 

Mandamus.     Is  a  remedy  if  the  board  refuses  to  carry  out  a  vote  of  the 

electors 13 


124  INDEX  TO  APPEAL  CASES 

PAGE 

To  compel  the  performance  of  an  official  duty,  appeal  sometimes  con- 
sumes valuable  time.  Mandamus  is  often  a  more  speedy  and  bet- 
ter remedy . 39 

Should  the  board  fail  to  give  the  notice  of  election  required  by  section 

2794  of  the  code,  it  may  be  compelled  to  do  so  by  mandamus 88 

Moral  Character.  The  county  superintendent  should  require  proof  that 
the  applicant  for  a  certificate  possesses  good  moral  character,  un- 
less he  has  personal  knowledge  of  the  same 99 

The  county  superintendent  may  refuse  to  enroll  such  persons  as  mem- 
bers of  the  normal  institute  as  he  has  reasons  to  believe  are  morally 
deficient 99 

The  county  superintendent  is  fully  justified  in  refusing  a  certificate  to  an 
applicant  who  fails  to  furnish  satisfactory  evidence  of  good  moral 
character  99 

New  Questions.  Questions  not  raised  at  the  hearing  before  the 
county  superintendent,  nor  before  the  superintendent  of  public  in- 
struction at  the  time  the  appeal  was  heard  by  him,  can  not  be  con- 
sidered for  the  first  time  on  an  application  for  a  rehearing 91 

Normal  Institute.  The  county  superintendent  may  refuse  to  enroll  such 
persons  as  members  of  the  normal  institute  as  he  has  reason  to  be- 
lieve are  morally  deficient 99 

Notice.  The  county  superintendent  should  not  issue  notice  of  final  hear- 
ing until  the  transcript  of  the  district  secretary  has  been  filed ....  5 

Appearance  at  the  trial  is  a  complete  waiver  of  notice 50 

The  law  does  not  require  school  boards  to  give  parents  or  pupils  notice 

or  a  chance  for  defense  before  ordering  suspension  or  expulsion ....  10? 

Notice  of  meetings  of  electors  mandatory 113 

Oral  Argument.  The  failure  of  counsel  for  appellee  to  present  oral 
argument,  after  being  informed  of  the  hearing,  will  not  justify  a  re- 
opening of  the  case 97 

Petition.  A  petition  may  be  used  to  bring  to  the  attention  of  the  board 
the  kind  of  action  desired  by  the  petitioners,  but  a  board  may  act 
with  equal  directness  without  such  request 58 

Proceedings.  The  regularity  of  all  the  proceedings  will  be  presumed 
upon.  This  is  true  in  an  especial  sense  when  the  records  are  more 
than  usually  complete 50 

Punishment.  In  applying  correction,  the  teacher  must  exercise  sound 
discretion  and  judgment  and  should  choose  a  kind  of  punishment 
adapted  not  only  to  the  offense,  but  to  the  offender 17 

The  punishment  of  a  pupil  with  undue  severity,  or  with  an  improper  in- 
strument, is  unwarrantable,  and  may  serve  in  some  degree,  to  indi- 
cate the  animus  of  the  teacher 17 

Tho  right  of  the  parent  to  restrain  and  coerce  obedience  in  children 
applies  equally  to  the  teacher,  or  to  any  one  who  acts  in 
loco  parentis 17 

Quo  Warranto.  The  remedy  of  a  person  denied  possession  of  an  office 

to  which  he  has  been  chosen,  is  an  action  in  court 9 

Records.  In  the  absence  of  the  allegation  of  fraud,  testimony  to  contra- 
dict or  impeach  the  records  of  the  district  can  not  be  received ....  6 

The  board  may  at  any  time  amend  the  record  of  the  district,  when  neces- 
sary to  correct  mistakes  or  supply  omissions.  And  it  may  upon 
proper  showing  be  compelled  by  mandamus  to  make  such  corrections  6 

The  record  of  the  secretary  shall  be  considered  as  evidence,  and  can  not 
be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or 
falsehood 31 

Records  not  made  and  certified  to  by  the  proper  officers  as  required  by 

law  are  defective  and  may  be  impeached  by  collateral  evidence.  .  .  36 

The  official  record  is  its  own  best  evidence.  Testimony  intended  to  con- 
tradict the  record  should  not  be  admitted 36 

The  record  of  the  secretary  must  be  considered  as  evidence,  unless  there 

is  proof  of  fraud  or  falsehood 50 

• 

• 


INDEX  TO  APPEAL  CASES  125 

PAGE 

The  record  must  be  complete 113 

Effect  of  defective  record 113 

Rehearing.     To  warrant  a  rehearing,  some  valid  reason  must  be  urged       41 

To  obtain  a  rehearing  the  necessity  must  be  clearly  shown 44 

The  application  for  a  rehearing  will  be  denied  unless  sufficient  reasons 

have  been  presented  warranting  a  change  in  the  former  opinion .  .  91 

To  warrant  the  superintendent  of  public  instruction  in  granting  a  re- 
hearing it  must  be  shown  that  some  very  serious  error  has  been 
made  97 

Remanding  of  Cases.  When  the  evidence  discloses  that  the  action  of  the 
board  was  unwarranted,  and  the  facts  are  not  sufficiently  shown  to 
determine  what  should  be  done,  the  case  should  be  remanded  to 
the  board  , 25 

Restoration  of  Territory.  The  refusal  of  a  board  of  directors  of  an  inde- 
pendent district  to  concur  in  the  restoration  of  certain  territory 
may  not  be  reversed  except  when  clearly  shown  that  such  refusal 
was  an  abuse  of  discretion 93 

Rules  and  Regulations.  Boards  of  directors  and  their  agents,  the 
teachers,  may  establish  reasonable  rules  for  the  government  of  their 
schools 17 

Open  violation  of  the  rules  can  not  be  shielded  from  investigation  under 

the  plea  that  it  invades  the  rights  of  conscience 17 

The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment  in  the 

school  or  to  degrade  the  teacher 17 

The  teacher  has  the  right  to  require  a  pupil  to  answer  questions  which 

tend  to  elicit  facts  concerning  his  conduct  in  school .  :  17 

In  establishing  and  enforcing  regulations  for  the  government  of  scholars 

the  board  has  a  large  discretion 38 

The  burden  of  proof  is  with  the  appellant  to  show  that  a  rule  is  unrea- 
sonable    66 

Salary  of  Teachers.  The  control  of  salaries  is  wholly  within  the  power 
of  the  board  and  can  not  be  determined  by  an  appeal,  because  it  is 
not  within  the  jurisdiction  of  county  or  state  superintendent  to 
order  the  payment  of  money 28 

The  salary  of  teachers  should  be  in  proportion  to  their  ability  and  re- 
sponsibility, and  not  equal  when  these  differ  materially 28 

School  Funds.  The  treasurer  is  the  proper  custodian  of  all  funds,  and 
may  legally  pay  them  out  only  upon  orders  specifying  the  fund  upon 
which  they  are  drawn  and  the  specific  use  to  which  they  are  applied  13 

The  courts  of  law  alone  can  furnish  an  adequate  remedy,  if  the  law  has 
been  violated  and  the  money  of  the  district  has  been  misappro- 
priated    16 

Schoolhouse.  The  board  may  legally  remove  a  schoolhouse  from  one 

subdistrict  to  another  only  by  vote  of  the  electors 15 

When  the  electors  have  voted  to  remove  a  schoolhouse  from  one  sub- 
district  to  another  the  board  must  execute  such  vote,  and  from 
its  action  in  so  doing  no  appeal  can  be  taken 15 

There  is  no  limitation  in  law  as  to  the  number  of  scholars  to  be  accom- 
modated, in  order  that  the  board  may  provide  a  schoolhouse ....  55 

Schoolhouse  Site.  It  is  important  that  a  schoolhouse  site  be  located  on 

a  public  road,  and  as  near  the  center  of  the  subdistrict  as  practicable  12 

Subdistrict  boundaries  can  not  be  changed  in  an  appeal  relating  solely  to 
locating  a  site,  nor  can  a  site  be  located  with  the  expectation  that 
boundaries  will  be  changed  unless  such  intention  of  the  board  is 
shown  21 

The  action  of  a  committee  appointed  by  the  board  to  locate  a  site  is  of 

no  force  until  officially  adopted  by  the  board  while  in  session.  ...  21 

The  prospective  wants  of  a  subdistrict  may  properly  have  weight  in  de- 
termining the  selection  of  a  site,  when  such  selection  becomes  neces- 
sary, but  not  in  securing  the  removal  of  a  schoolhouse  now  con- 
veniently located  24,  60 


126  INDEX  TO  APPEAL  CASES 

PAGE 

To  make  a  distinction  between  the  children  of  freeholders  and  those  of 
tenants  in  determining  the  proper  location  for  a  schoolhouse,  is 
contrary  to  the  spirit  and  intent  of  our  laws 24 

The  necessities  of  the  present  must  be  observed  in  locating  schoolhouse 

sites,  in  preference  to  the  probabilities  of  the  future 25,  60 

The  location  of  a  schoolhouse  can  be  dependent  upon  a  change  of 
boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  definite 
and  positive  intention  to  make  such  a  change 27 

A  schoolhouse  site  fixed  by  county  or  state  superintendent  affirming  the 
discretionary  act  of  the  board,  allows  the  board  to  exercise  its  dis- 
cretion again,  especialy  if  material  changes  have  occurred 29 

The  endeavor  to  show  regard  for  the  expressed  wishes  of  the  electors  In 
the  choice  of  a  site  will  be  an  added  reason  in  support  of  the  action 
of  the  board 29 

Proper  location  of,  depends  upon  form  of  'subdistrict 33 

Every  dwelling  house  must  be  taken  into  account,  as  some  one  entitled 

to  school  advantages  may  hereafter  reside  there 41 

When  It  is  the  evident  intention  of  the  board  to  relocate  the  site  as 
near  as  possible  in  the  center  of  the  subdistrict,  in  order  to  furnish 
equal  school  facilities  to  all  the  residents,  its  action  should  not  be 
materially  interfered  with 41 

It  is  not  the  province  of  an  appeal  to  determine  which  of  two  sites  is 

the  better  65 

When  purchased  need  not  necessarily  be  upon  a  highway 74 

In  the  location  of  a  schoolhouse  site  the  board  is  justified  in  consider- 
•  ering  the  wishes  of  a  majority  of  the  people  as  indicated  in  the 
vote  upon  the  issuance  of  bonds 100 

School  Orders.     When  improperly  issued,  a  proper  remedy  is  injunction       11 

School  Privileges.  Are  not  acquired  by  temporary  removal  Into  a  dis- 
trict for  the  purpose  of  attending  school 11 

Board  must  provide Ill 

The  law  to  be  construed  in  the  interest  of  the  child.  The  actual  resi- 
dence of  the  scholar  at  the  time  will  establish  the  right  to  attend 
school  free  of  tuition : 53 

Are  not  guaranteed  children  elsewhere  than  in  the  district  of  their 

residence  , 62 

Attendance  in  another  district  depends  upon  the  board  of  that  district, 

and  must  therefore  be  regarded  as  a  contingency 62 

To  "the  fullest  extent  possible,  the  board  should  equalize  the  distance 

to  be  traveled  to  school 62 

Schools.  The  wealthier  portions  of  the  community  should  aid  their 
neighbors  in  sustaining  good  schools 

Special  Meeting.  A  meeting  of  the  board,  called  for  the  specific  purpose 
and  of  which  the  teacher  was  not  served  with  due  and  proper 
notice,  could  not  legally  discharge  such  teacher 

A  teacher  may  not  be  discharged  at  a  special  meeting  called  for  the 

purpose  of  securing  a  modification  of  his  contract K 

Subdirector.  The  subdirector  may  expend  money  in  his  subdistrict  only 
in  the  manner  authorized  by  the  board 

Subdistrict.  A  subdistrict  is  not  a  corporate  body,  and  has  no  control 

of  any  public  fund 1 

Subdistrict  Boundaries.  The  acts  of  a  board  changing  subdistrict 
boundaries  and  locating  schoolhouses  are  so  far  discretionary  that 
they  should  be  affirmed  on  appeal,  unless  it  is  shown  beyond  a 
doubt  that  there  has  been  an  abuse  of  discretion 2'2 

A  case  involving  a  change  of  subdistrict  boundaries,  having  been  ad- 
judicated by  the  county  superintendent  reversing  the  action  of  the 
board,  and  being  affirmed  by  the  superintendent  of  public  instruc- 
tion can  not  again  be  brought  upon  appeal,  unless  it  can  'be  sliown 
that  some  change  materially  affecting  the  conditions  of  the  case 
has  taken  place  since  the  date  of  the  former  decision 4( 


INDEX  TO  APPEAL  CASES  127 

PACE 

A  subdistrict  long  established,  embracing  a  territory  having  sufficient 
number  of  scholars  to  maintain  a  good  school,  should  not  be  abol- 
ished, unless  the  general  school  facilities  of  the  township  will  be 
improved  thereby 40 

In   changing   subdistrict  boundaries,   both   the   present   and   the   future 

welfare  of  the  district  township  should  be  considered 40 

The  boundaries  of  subdistricts  may  be  changed,  or  new.  subdistricts 
formed,  only  at  the  regular  meeting  of  the  board  in  September, 
(July),  or  at  a  special  meeting  held  before  the  following  March.  .  40 

When  an  action  has  been  reversed  by  the  county  superintendent,  and 
that  decision  affirmed  by  the  superintendent  of  public  instruction, 
the  board  can  not  act  again  until  a  material  change  has  taken 
place 74 

Subdistricts.  Should  be,  if  possible,  compact  and  regular  in  form.  In 
well  populated  district  townships,  two  miles  square  is  considered 
a  desirable  area 12,  55 

It  Is  very  important  that  subdistricts  should  be  regular  in  form,  and 
that  where  it  is  possible,  schoolhouses  should  be  located  at  or  near 
geographical  centers 55 

The  board  should  be  encouraged  in  forecasting  a  general  plan  looking 

toward  an  ultimate  regularity  in  the  form  of  subdistricts 55 

Teacher.  The  teacher  is  entitled  to  the  counsel  and  co-operation  of 
the  subdirector  and  board  in  all  matters  pertaining  to  the  conduct 
and  welfare  of  the  school 23 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in  the 
courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;  when 
discharged  for  incompetency,  dereliction  of  duty  or  other  cause  af- 
fecting his  qualifications  as  a  teacher,  he  has  the  right  of  appeal .  .  23 

The  law  provides  that  the  teacher  shall  hare  a  fair  and  impartial  trial, 
with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  ac- 
cusers    36 

In  the  trial  of  a  teacher  the  board  is  bound  carefully  to  protect  the  in- 
terests of  the  district  and  to  seek  the  welfare  of  the  school,  as  well 
as  to  regard  the  rights  guaranteed  to  the  teacher 50 

As  an  employe  of  the  district  the  teacher  may  justly  claim  and  expect  to 

receive,  the  official  assistance  and  advice  of  the  board 56 

The  law  insures  the  teacher  a  fair  and  impartial  trial,  before  he  may 

be  discharged 56 

A  teacher  may  justly  claim  and  expect  to  receive,  the  assistance  and 
advice  of  the  board,  and  especially  the  help  of  his  own  subdirector, 
in  the  proper  conduct  of  his  school 75 

It  is  alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher 
that  no  one  should  be  discharged  except  after  thorough  investi- 
gation and  the  clearest  proof.  If  possible,  the  teacher  should  be 
shielded  from  the  stigma  of  discharge 75 

Full  opportunity  must  be  afforded  the  teacher  to  make  defense  against 

charges     78 

Should  not  employ  unsuitable  and  unusual  methods  of  punishment.  ...       78 

A  teacher  can  not  be  discharged  by  the  board,  except  after  a  full  and 

fair  investigation    84 

The  board  may  not  dismiss  a  teacher  for  refusing  to  teach  grades  other 

than  those  named  in  the  contract 103 

erritory.  Where  territory  is  to  be  transferred  by  concurrent  action  of 
two  boards  to  the  district  to  which  it  geographically  belongs,  a  ma- 
jority of  the  members  elect  is  not  necessary,  as  required  for  the 

change  of  subdistrict  boundaries 31 

111  territory  must  be  included  within  some  school  district 33 

The  refusal  of  a  board  of  directors  of  an  independent  district  to  concur 
in  the  restoration  of  certain  territory  may  not  be  reversed  except 
when  clearly  shown  that  such  refusal  was  an  abuse  of  discretion.  .       93 
dl  territory  must  be  contiguous  to  the  district  to  which  it  belongs.  ...       58 


128  INDEX  TO  APPEAL  CASES 

PAGE 

Testimony.  Unless  obviously  immaterial,  testimony  offered  should  be 

admitted  and  given  such  weight  as  it  merits 5 

At  the  hearing  of  an  appeal,  it  is  competent  for  the  county  super- 
intendent, upon  his  own  motion,  to  call  additional  witnesses  to  give 
testimony  6 

New  testimony  can  be  introduced  only  when  the  facts  materially  affect- 
ing the  case  could  not  have  been  known  before  the  trial 25 

To  be  legal  must  be  given  under  oath 34 

Sufficient  latitude  should  be  allowed  in  the  introduction  of  testimony  to 
permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted 41,  72 

Opinions  unsupported  by  facts  do  not  become  satisfactory  evidence ....       61 

If  selfish  or  other  improper  motives  are  complained  of,  the  testimony 

must  show  such  facts  conclusively 65 

Time.  The  time  in  which  to  take  the  initiatory  steps  to  form  an  Inde- 
pendent district  is  not  fixed  by  the  statute 88 

Transportation  of  Pupils.  Often  better  than  maintaining  additional 

schools Ill 

Tuition.  To  enable  the  district  in  which  the  children  reside  to  collect 

tuition,  all  the  requirements  of  the  law  must  first  be  fulfilled ...  48 

Failing  to  substantiate  a  claim  to  residence,  a  nonresident  may  attend 

school  only  upon  such  terms  as  the  board  deems  just  and  equitable.  68 


UNIVERSITY  OF  CALIFORNIA  IvIBRARY 


